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Home My WebLink About21 WIRELESS COMMUNICATIONS MASTER PLANAgenda Item 21 AGENDA REPORT Reviewed. City Manager Finance Director MEETING DATE: DECEMBER 6, 2011 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: CITY MANAGER'S OFFICE, COMMUNITY DEVELOPMENT DEPARTMENT AND CHRISTINE SHINGLETON, ASSISTANT CITY MANAGER SUBJECT: WIRELESS COMMUNICATIONS MASTER PLAN SUMMARY Staff has been asked to agendize for City Council discussion the City's Wireless Master Plan and its current status. RECOMMENDATION Pleasure of the City Council. FISCAL IMPACT Any fiscal impact would depend upon direction provided by the City Council. Information on the fiscal revenue implications associated with wireless licenses on City owned properties are provided in this report. 1. Wireless Master Plan for City of Tustin In November 2007, the City entered into an agreement with ATS Communications to develop and implement a Wireless Communications Master Plan (WMP) for the City and to act as the City's agent in procuring qualified wireless carriers wanting to locate facilities on City -owned properties. City -owned properties included properties such as public parks, reservoirs, water well sites, and city -owned buildings. ATS Communications completed the WMP in June 2009 and it was subsequently received for filing by the City Council in August of 2009. A copy of the original Master Plan and the PowerPoint presentation summarizing the original presentation to Council is attached (Attachment A). The WMP does the following: 1) identifies adequacy of existing wireless infrastructure citywide including the identification of existing wireless carriers on City -owned properties and private properties, 2) identifies potential industry, regulatory and technology Agenda Report - Wireless Master Plan December 6, 2011 Page 2 changes impacting future development of the City's wireless infrastructure, 3) evaluates the City's existing wireless ordinance, 4) provides design standards for future wireless facilities, 5) identifies City -owned properties that have the greatest potential for licensing, and, 6) provides an application and review process for wireless carriers interested in locating on City -owned properties including the inclusion of a standard form license. The WMP identified four (4) optimal wireless locations at City -owned sites. These locations include the following: • 13602 Parkeenter Lane (Camino Real Park) • 11385 Pioneer Road (Cedar Grove Park) • 10250 Pioneer Road (Pioneer Road Park) • 12850 Robinson Drive (Tustin Sports Park) These four (4) locations were identified because they represented areas within Tustin that were the most deficient in terms of wireless coverage. Maps were included within the WMP that detailed the lack of coverage that was present in these specific areas of Tustin. These sites satisfied carrier coverage objectives pursuant to the analysis in the WMP (Attachment A). Although only four (4) optimal City -owned sites were identified in the WMP, all City - owned properties were included within the report as potential wireless facility locations. A list of all of the locations included in the WMP has been made available to interested carriers and they have made inquiries and submitted applications for some locations that may not have been identified as an optimal location such as a potential application for Citrus Ranch Park. ATS actively works with carriers who show an interest in City - owned properties. 2. Current Status of Wireless Facilities Currently, there are 43 wireless facilities located throughout the City on both private and publicly owned property. Some wireless locations include multiple carriers within the same location. All of the wireless facilities are located on non-residential properties primarily commercial, industrial and institutional land uses which include churches and schools. A map and inventory of these locations is included as Attachment B. All of the wireless facilities located on City -owned public property are currently at the Tustin Sports Park located at 12850 Robinson Drive. Currently, the City has approved and leased/licensed four (4) wireless facilities at this location. The four leases/licenses at Tustin Sports Park are with the following carriers: Agenda Report - Wireless Master Plan December 6, 2011 Page 3 AT&T/Cingular Wireless - The City Council approved a lease agreement which became effective on October 6, 2003. The antennas are located on existing light pole standards and the base facilities are located at ground level behind the scoreboard. Design Review (DR) 02-21 was approved by the Community Development Director on September 19, 2002. On November 14, 2011, a design review application (DR 2011-07) was received from Cingular Wireless to expand existing facilities at the site. Cingular Wireless is proposing to replace its existing lease with a license agreement to include both the existing and new antennas and facilities. Staff is in the process of reviewing both the submitted plans as well as the business proposal. T -Mobile — City Council approved a lease agreement which became effective on June 16, 2003. This lease agreement has a term of seven (7) years and the tenant has the option to extend the term for five (5) additional periods of one (1) year each ("Renewal Term"). The lease agreement automatically extends for each Renewal Term period unless tenant notifies the City of its intention to not want to extend this lease at least ninety (90) days prior to the expiration of the Term or the then -existing Renewal Term. The second Renewal Term for this lease agreement commenced on June 16, 2011 and will expire on June 16, 2012. Should the tenant not notify the City of its intention to not extend the lease at least ninety (90) days prior to the expiration of the Renewal Term, then the lease agreement shall automatically extend into its third Renewal Term. The antennas are located on existing light pole standards and the base facilities are located at ground level behind the scoreboard. Design Review 02-020 was approved by the Community Development Director on September 19, 2002. • STC One/Sprint — The City Council on August 1, 2010 authorized execution of a new license agreement which became effective on August 1, 2010. The antennas are located on existing light pole standards and the base facilities are located at ground level behind the scoreboard. An agreement on this site, a lease, was originally executed on November 26, 1996 and had expired; the action taken in 2010 was a new license agreement under the procedures outlined in the Wireless Master Plan. Design Reviews 96-052 and 99-040 were approved by the Community Development Director on June 4, 1997 and December 17, 1999, respectively. • Metro PCS — The City Council authorized execution of a license agreement which became effective on February 1, 2011. The antennas would be located on a new light pole standard and the base facilities will be located at ground level behind the scoreboard. Agenda Report - Wireless Master Plan December 6, 2011 Page 4 Design Review 10-019 was approved by the Community Development Director on October 28, 2010. There are several pending proposals citywide for wireless facilities located on both private and City -owned property. A status of each follows: Other Potential Proposals on City Owned Sites (1) Citrus Ranch Park - was not identified in the WMP as an optimal site. A preliminary business proposal was originally offered by Mobilitie, a tower company representing Verizon Wireless, to ATS Communications in May 2010. The preliminary business proposal was rejected at the staff level because the business terms being offered were not favorable. Recently, a second business proposal was offered by Mobilitie to ATS Communications for this site. ATS is currently reviewing the terms and conditions of this business proposal and have not completed its review. Upon completion of its review, it will be forwarded to City staff for review and comments. (2) Pinetree Park - A proposal for the placement of wireless facilities was proposed to staff and a Design Review application (DR 10-005) was submitted in February of 2010 but was eventually withdrawn in June of 2011 by a representative of the applicant, T -Mobile due to design concerns expressed by the Community Development Department. (3) Heritage Park - The location of antennas and support facilities has been discussed with T -Mobile. Preliminary conceptual plans were provided by T -Mobile in April of 2011, but no formal application has been submitted to date. Private Sites There are two (2) pending applications involving private sites as follows: (1) Conditional Use Permit 2011-004 and Design Review 2011-002 is an application to modify an existing roof mounted wireless facility by increasing the screen height by four feet in an office complex located at 1421 Edinger Avenue. (2) Design Review 09-039 is an application to install and operate a wireless telecommunications facility within a proposed building extension (elevator shaft) of an existing mini warehouse located at 1671 Edinger Avenue. DR 09-039 was approved on September 21, 2010; however, this facility has not been installed. Agenda Report - Wireless Master Plan December 6, 2011 Page 5 Fiscal Impact/Revenue from Potential of Licensing License Payments The City has a standard License Agreement, included in the WMP that is used for carriers seeking to locate wireless related facilities and antennas on City -owned properties. Under recently approved License Agreements reflecting today's market price, Licensees are paying $28,800 per year ($2,400 per month) with an initial license term of ten (10) years. License payments are escalated annually at a rate of 4.00%. Over the initial term of the recent agreements, a Licensee will pay $345,776. Of this license amount, the City will receive 75% or $259,332 with the remaining 25% of the payments required to be distributed to the City's consultant, Telecom Partners Group, Inc. (dba ATS Communications, subsequently referred to) pursuant to an existing Consultant Services Agreement. Licensees under recent agreements have the option to extend the initial term of a license agreement with notice to the City for up to two (2) additional five (5) year terms. Under these recent terms and conditions, if the Licensee were to exercise both five (5) year options, the City would receive 75% or $643,206 over a twenty (20) year period. The remaining 25% of the payments would be distributed to ATS Communications. The co -location of carriers is permitted and encouraged where applicable, based on the location and type of facilities proposed. Co -location fees are negotiated based on the type of facilities proposed. The City retains 75% of the revenues received from co - located carriers, while 25% of the revenues are distributed to ATS Communications. Capital Contribution In addition to the License Payments, a one-time Capital Contribution has been required on recent Licenses which amount is determined by City staff and negotiated with the Licensee based upon the impact of any facilities on the existing City -owned property. The Capital Contribution amount is intended for park improvement purposes. With recent License Agreements, the Capital Contribution amount has been $10,000. The City retains 100% of any Capital Contribution amount from the Licensee. 3. Application Process Preliminary Site Location Review for City -owned sites ATS Communications and City staff from the City Manager's Office, Public Works, Parks and Recreation and Community Development departments, depending on the proposed location of the property, review a proposed wireless site and facility plan prior to an applicant being allowed to submit a formal entitlement application to the Community Development Department. All three representatives (i.e., ATS Communications, City Manager's Office and other affected departments who are custodians of the subject property, as applicable) must sign off on a Letter of Authorization (LOA) in order for the Applicant to be allowed to submit a formal Agenda Report - Wireless Master Plan December 6, 2011 Page 6 application to the Community Development Department. The purpose of this process is to ensure that the proposed facility location does not interfere with the primary function/use of the City -owned property. In other words, the location of a wireless facility has been determined to not interfere with park or civic/public uses. Formal Application Process for Facilities in City -owned sites Upon the receipt of the Letter of Authorization, applicants follow the process submitting plans for design review to the Community Development Director for new aboveground utility facilities on public property and in the public right-of-way. There are two provisions of the Tustin City Code (TCC) that apply to this type of application: 1) Design Review of Aboveground Utility Facilities on Public Property and in the Public Right of Way under Section 7260 et seq. along with Resolution 01-95 Design Guidelines for Aboveground Utility Facilities and their Accessory Equipment; and 2) Design Review under Section 9272 of Tustin City Code. Per the Tustin Code (Section 7262), aboveground utility facilities need to meet Design Review requirements. This requirement applies to existing and future franchisees to locate replacement or new aboveground utility facilities on public property and in the public right-of-way. Aboveground utility facilities located within Redevelopment Project Areas would need to be found by the Agency to also be consistent with respective Redevelopment Plans. Pursuant to TCC Section 7264, the Director' shall review the plan (the "Plan") using the criteria set forth in the Design Guidelines for Aboveground Utility Facilities on Public Properties and in the Public Right-of-way (Resolution No. 01-95). Items considered during the Design Review process are as follows: • Design Review of Aboveground Utility Facilities on Public Properties and in the Public Right of Way (TCC 7260 and Resolution 01-95) 1) Location. Aboveground utility facilities on public property and in the public right-of- way shall be placed in locations where there is little or no interference with public use of the properties and the rights or reasonable convenience of property owners who adjoin the properties. ' Unlike Major Wireless Facilities on private properties wherein the Planning Commission must approve a Conditional Use Permit prior to installation Agenda Report - Wireless Master Plan December 6, 2011 Page 7 2) Stealth Facility. Except for street light poles being used solely for providing illumination, all other aboveground utility facilities shall be designed as stealth facilities with concealed antennas to the greatest extent possible to blend into the surrounding environment or be architecturally integrated. 3) Co -location. Aboveground utility facilities shall be co -located with existing aboveground utility facilities where possible. 4) Colors. Any part of aboveground utility facilities visible to public view is to have subdued colors and non -reflective materials which blend with surrounding materials and colors and with an anti -graffiti material. 5) Screening. For building or structure -mounted facilities, screening shall be compatible with the existing architecture, color, texture, and/or materials. 6) Landscaping. The landscaping is to be compatible with the surrounding landscape area. 7) Accessory Equipment. Accessory equipment associated with the operation of the utility facilities shall be designed, located and be made part of the structures (i.e., as part of the base or support structure) or be located within buildings, enclosures, or cabinets in accordance with the guidelines. 8) Undergrounding. The City reserves the right to require that all utility facilities, including their accessory equipment, be placed underground when technologically feasible. • Design Review (TCC 9272) Within the provisions of Section 9272 et seq., to ensure that the location, size, architectural features, and general appearance of proposed new facilities will be compatible and harmonious with the development of the area, the Design Review requires that the following items be considered: 1) Height, bulk, and area of proposed structure. 2) Setbacks and site planning. 3) Exterior material and colors. 4) Towers and antennae. 5) Landscaping and parking area design and traffic circulation. Agenda Report - Wireless Master Plan December 6, 2011 Page 8 6) Location and appearance of equipment located outside of an enclosed structure. 7) Physical relationship of proposed structure to existing structures. 8) Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 9) Development guidelines and criteria as adopted by the City Council. Pursuant to Tustin City Code Section 9272, the Community Development Director is authorized to approve the Design Review if the location, size, architectural features, and general appearance of proposed new developments and/or structures will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole. Any decision of the Community Development Director is appealable to Planning Commission and the City Council. Review Subject to Federal Telecommunications Act The radio frequency emissions standards related to wireless facilities are governed by the Federal Telecommunications Act of 1996 regulations. The City and all wireless providers are subject to these regulations. Local jurisdictions may reasonably regulate wireless facilities; however, the Federal Telecommunications Act of 1996 does assert the following on local governments: 1) Shall not unreasonably discriminate among providers of functionally equivalent services; 2) Shall not prohibit or have the effect of prohibiting the provision of personal wireless services; 3) Shall act on any request for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time; 4) Any decision to deny a request to place, construct, or modify personal wireless service facilities shall be in writing; 5) Shall not regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's (FCC) regulations concerning such emissions. 4. Issues for City Council Discussion Agenda Report - Wireless Master Plan December 6, 2011 Page 9 4. Issues for City Council Discussion Location of Wireless Facilities on City -owned Property The City, as the property owner, is not required to license or lease sites to wireless carriers. However, the City in adopting the Wireless Master Plan and entering into a contract with ATS Communications encouraged the solicitation of proposals from wireless carriers on City -owned properties. The only privately owned wireless facilities located on City -owned property are located at the Tustin Sports Park. The first carrier was located at the Sports Park in 1996 and recently a new carrier was approved for location of new wireless facilities in 2011. Proposals are pending or interest has been shown for location on three other City - owned parks. No interest has been shown to date for locations at reservoir sites, well sites, or on City - owned buildings not housing fire station facilities. There was some initial interest in locating on City -owned fire station locations. Since these sites are leased to the OCFA, OCFA staff was contacted by City staff and OCFA representatives indicated that they were not interested in allowing such installations on fire stations sites because of potential conflict with their communication system. However, the Orange County Sheriff -Coroner Department in charge of the 800MHz Countywide Coordinated Communication System has determined there is no interference. The Sheriff -Coroner's Office, however, still does not recommend the placement of wireless facilities near police stations, fire stations, public works yards or public dispatch centers (Attachment C). Process for Review of Wireless Communications Facilities on City -owned Property and within City public right-of-way Per Tustin City Code Section 9272, the Community Development Director is authorized to consider Design Review for wireless communication facilities on City -owned sites and in public right-of-way. Design Review action does not require public hearing and/or public notice. When the Aboveground Utilities Ordinance on Public Property and within the Public Right -of -Way was considered by the City Council in 2001, the industry strongly opposed any regulations of the utility facilities and what they perceived as an undue local interference with their rights to use the right-of-way including any consideration before the Planning Commission and the City Council. While the City has not received much objection to those facilities that have been installed on City -owned sites and within the public right-of-way, the recent T -Mobile application raises the question of whether future applications should require public outreach on City -owned sites, noticing, and/or public hearings. On this application, the Community Development Director was instructed to rescind her action on the original design review application Agenda Report - Wireless Master Plan December 6, 2011 Page 10 and to forward the design review application to the Planning Commission which thereupon resulted in Planning Commission and subsequent City Council actions. The discussion regarding the necessity for public outreach on individual sites might also involve a discussion of Tustin City Code Section 9276.c(3). Although Tustin City Code Section 7262 requires an applicant to comply with Design Review requirements as does procedures in the WMP, Tustin City Code Section 9276.c(3) states as follows: "all wireless communication facilities to be located within the City of Tustin public -right-of- way or on property owned by the City of Tustin shall be exempt from the regulations and guidelines contained herein." Although, the City has the ability to not grant license agreements to facilities on City - owned sites; those providers who wish to locate within the public right-of-way have the right under the Public Utility Commission to locate within the City's right-of-way as other utilities have. The City in this case is limited to some design regulations as well as the time, place, and manner in which the facilities are installed. Wireless Coverage throughout the City In the WMP, it was indicated that the purpose of licensing wireless facilities on City - owned properties is to increase wireless coverage in areas of the city where coverage is weak or lacking, mostly in residential areas and in areas of the city where the topography presented challenges to coverage. The City does not allow wireless facilities on residential properties pursuant to Tustin City Code Section 9276; therefore location options available to wireless carriers are limited. The optimal locations for wireless facilities in heavily populated residential areas are on non-residential land uses such as parks, reservoirs, well sites, churches, and schools. OCFA has objected to the location of wireless facilities at Fire Station sites, including those owned by the City of Tustin. Although the Tustin Unified School District (TUSD) states it has no policy regarding wireless facilities on its property, it has only allowed one such facility at Tustin High School in 1986 and the City is not aware of any other approvals by TUSD within the boundaries of Tustin. Alternative Locations for Wireless Carriers in Public Right -of -Way The public right-of-way is an additional, but more complicated alternative to parks or other locations where antenna height is not an issue. It will likely be the choice of last resort for the carriers because they can only place their antennas as high as the light poles, approximately thirty (30) feet. The optimal height for a wireless facility is forty- five (45) feet to sixty (60) feet, enough to clear the ground clutter, i.e., buildings, trees and anything else that might interfere with the radio signal. Because of the height issue more antennas and facilities would be required to serve an area, especially in hilly areas such as Tustin Ranch where homes and trees are obstacles. This would result in a number of smaller installations, and potential visual blight to provide the same coverage as one conventional wireless facility. ATS Communications provided an analysis regarding these smaller installations. This analysis was included as Attachment G. Agenda Report - Wireless Master Plan December 6, 2011 Page 11 City staff representatives from the City Manager's Office, Community Development, Public Works, and Parks and Recreation along with a representative from ATS will be available for response to any questions. Christine Shin-gleton Assistant City Manage Elizabeth Binsack q4Tqmunity Deyelooment Director Wilson - and Recreation Director Doug 8fack Public Works Director Attachments: A. Adopted Wireless Master Plan and Original Powerpoint Presentation to City Council B. Wireless Chart and Map C. Orange County Sheriff -Coroner Office Letter D. Tustin City Code Sections 7260 and 9272 and City Council Resolution 01-95 E. ATS Communications Analysis Attachment A Adopted Wireless Master Plan and Original Power Point Presentation to City Council ATS Communications Wireless Master Plan Proposal City of Tustin, California June 16, 2009 a 4 F City of Tustin Wireless MasterPlan Study Table of Contents ExecutiveSummary............................................................................................1 Wireless Master Plan Introduction....................................................................3 Goals......................................................................................................................................... 3 Methodology............................................................................................................................. 3 Findings.................................................................................................................................... 4 Background.........................................................................................................5 Wireless Infrastructure - Existing............................................................................................ 5 Wireless Networks and Cell Sites.......................................................................................... 12 SiteSelection.......................................................................................................................... 13 SelectionCriteria..................................................................................................................... 14 Wireless Technology Background.........................................................................................16 Evolution of Wireless Technologies........................................................................................ 17 DASNetworks......................................................................................................................... 18 Mergers and Acquisitions and Name Changes........................................................................ 19 RegulatoryIssues.................................................................................................................... 21 Federal.................................................................................................................................... 21 State....................................................................................................................................... 21 Local....................................................................................................................................... 22 RadioFrequency Emissions.................................................................................................... 22 Analysis.............................................................................................................24 Wireless Infrastructure - Existing and Proposed................................................................. 24 AT&T Wireless........................................................................................................................ 25 Nextel...................................................................................................................................... 30 SprintPCS............................................................................................................................... 35 T-Mobile.................................................................................................................................. 40 VerizonWireless..................................................................................................................... 45 MetroPCS............................................................................................................................... 50 Radio Frequency Engineering Methodologies..................................................................... 55 Inventoryof City Property....................................................................................................... 60 Mapof City Properties............................................................................................................ 62 City Property Evaluation & Marketing..................................................................................... 62 Recommendations............................................................................................ 63 DesignStandards.................................................................................................................... 63 GeneralTypes of Cell Sites..................................................................................................... 63 ProposedDesign Standards.................................................................................................... 64 DesignConsiderations............................................................................................................ 70 Implementation........................................................................................................................ 74 WMPApproval Process........................................................................................................... 74 Promotion& Marketing........................................................................................................... 74 ApplicationProcess................................................................................................................. 74 Site Development Process...................................................................................................... 75 Expiration of Architectural Elements and Design Standards .................................................. 76 SuggestedLicense Agreement.............................................................................................. 77 Wireless Communication Facility Site Application.............................................................. 86 Appendix"A"....................................................................................................88 Inventory of Wireless Communications Facilities................................................................ 88 Appendix"B"..................................................................................................129 Glossary.................................................................................................................................. 129 City of Tustin Wireless MasterPlan Study Executive Summa Executive Summary Over the last several years, three major factors have impacted the wireless landscape: 1) More people use cellular phones as their primary means of communication; 2) Cell phone usage is increasing as the price declines; and 3) New services and capabilities, requiring greater bandwidths, are exhausting current cell site (wireless network infrastructure) capacities. Cities have the opportunity, right, and obligation to be apart of the solution to this growing dilemma. There are concerns with the deployment of new towers, which are occurring in densely populated areas where additional bandwidth in needed due to high usage. Previously antennas were placed on commercial properties, existing towers, and non-residential areas, but the majority of these properties are currently occupied and carriers are looking for alternatives. Due to the Telecommunications Act of 1996 carriers have the authority to place sites in the public right of way without City approval. This creates tension between carriers and cities, due to the fact that local ordinances, zoning, and planning objectives are neglected. The WMP is the process created by ATS to rationalize the placement of new sites to meet the need. In 2002, ATS Communications (ATS) recognized the growing need for reliable, efficient wireless planning. Wireless planning, which involves collecting accurate data to create information, has been rationalized by ATS and assembled in the Wireless Master Plan (WMP). The WMP is a working document created by ATS in order to provide information to manage the growth and evolution of wireless communications infrastructure within cities. The goal of the WMP can be summated in one sentence; to facilitate future network expansion while maximizing City revenue and decrease blight. Before this goal can be achieved, the information that comprises the WMP must be collected and analyzed. The process begins by completing an inventory of all existing cell sites, both public and private, in the City. In the field, while conducting the inventory, the longitude and latitude, the build, and the carrier of each site is determined. This information is used to conduct a radio frequency analysis in order to find the potential need for future sites. The geo-coded location of future sites are cross referenced with the location of City properties, and the potential future sites are identified. This study indentified 6 potential cell site locations with six different carriers. The carriers that are currently in the marketplace are Verizon, AT&T, T -Mobile, MetroPCS, Sprint PCS, and Nextel. Each carrier has their own network deployed in the field, but some companies are running on different bandwidth frequency. There is more information in the pages that follow regarding the methodologies of the radio frequency engineering analysis, the individual wireless carriers, and their coverage. City of Tustin Wireless MasterPlan Study Executive Summa The radio frequency analysis produces maps that show each individual carriers' coverage in the City. The maps included in the WMP can be compared to show the existing coverage and the future coverage. The future coverage is determined by overlaying the existing coverage with the coverage of the proposed sites. There are also maps that show the location of each carriers' sites amongst the other existing sites. For each site identified there is additional due diligence that must take place to determine if the location is a viable candidate. Both the wireless carriers and the City have determining factors that contribute to this conclusion. For example, zoning, soil condition, cost of rent, etc. Once the site is determined viable the carrier goes through a site development process, which includes soil testing, drawings and photo simulations, approvals and permits, and executing the lease. The WMP incorporates the design standards recommended for the City's approval. The design standards review the general types of cell sites antennas and equipment enclosures. Each antenna has recommended locations for usage and design specifications. For example, with a monopalm there are specifics regarding the color of the fronds and the bark cladding, the concealment of the antenna and cables, and the height of the tower, which will make it possible for co -location. Also included in the WMP is background information regarding the evolution of the telecommunications industry and its regulations at different levels of government. 2 City of Tustin Wireless MasterPlan Study Introduction Wireless Master Plan Introduction Goals The goals and objectives for the City 's wireless facilities deployment are: 1) Facilitate future network development through a proactive approach; implementing the WMP; 2) Mitigate the visual impact of towers and antennas by employing "stealth" technology into design standards; 3) Reduce the number of cell sites through a coordinated co -location process; and 4) Maximize the economic benefit to the City This process will reduce the time expended by both the city and the wireless carriers in the application and site development process. Pre -approved locations and designs on city -owned property creates incentives for the wireless companies to enhance their networks, while the city benefits with an additional revenue stream. Thus, both the city and the carrier will experience greater efficiency throughout the wireless network enhancement projects. Methodology Detailed information about each wireless existing site is collected and field verified to determine current wireless network infrastructure. ATS identifies each major wireless carrier's (Cingular, AT&T, Metro PCS, Nextel, Sprint, T -Mobile and Verizon) present locations and the corresponding signal coverage. This information is analyzed, using radio frequency engineering signal propagation and coverage prediction modeling software, to generate existing coverage maps for each of the major carrier's networks. The city's population densities, traffic patterns and physical terrain are taken into account during the analysis. The compilation of this information enables ATS to view each carrier's existing coverage or "footprint" and predict the locations for future sites. Each existing city sites is considered as a candidate for future co -location, which is placing multiple carriers at one site. Design recommendations, height requirements and other considerations will be discussed for each future location. This process minimizes the time required by staff to handle cell site applications and review development design proposals. The site-specific design standards will be acceptable to the City, while meeting the wireless carriers' needs. The carrier, the city, and ATS work together negotiating and executing the leases and entitlements. City of Tustin Wireless MasterPlan Study Introduction Findings The following chart shows the 6 city -owned properties that could meet the needs of various wireless service providers. Table 1 WIN... a. . ...� ... ..» .-. ... «p. �u . » » ��■ .. p "e.".e��l�}i lei .,,..P m 3" TUS021 33.730489 -117.803915 13602 Parkcenter Ln 3 TUS033 33.751236 -117.769605 11385 Pioneer Road Cedar Grove Park 5 TUS034 33.767251 -117.761297 10250 Pioneer Road Pioneer Road Park 6 TUS035 33.733994 -117.785102 Tustin Sports Park 2 While the entire inventory of city -owned property was considered, 39 cell sites currently exist on public and private property throughout the city. Depending on the location and design of the existing sites, the placement of a site on city -owned property in close proximity to an existing site may be unnecessary. While this study aims to identify new cell site locations for future wireless sites on city - owned property, does not preclude wireless carriers from targeting private property sites for network deployment. 4 City of Tustin Wireless MasterPlan Study Existing Coverage Background Wireless Infrastructure — Existing ATS identified 39 active cell sites at 33 locations throughout Tustin. Of the 39 existing cell sites, T -Mobile has the most facilities, possessing 11 locations. Sprint PCS, Nextel, and AT&T each have 7 sites. While Verizon and Metro PCS possess 5 and 2, respectively. Analysts observe eight different antenna structure styles, the most common is a stealth roof mount. The maps below present the coverage that currently exists in Tustin. These maps also show the strength of the coverage provided by each site located within the City. The legend provided on each map will enable the user to see the outdoor coverage versus the indoor coverage by carrier. A map is provided for each carrier that services the City. City of Tustin ' Wireless Master Plan Study Map 1 11 t n 1 Existing Coverage N. City of Tustin Wireless Master Plan Study Map 2 Existing Coverage 7 City of Tustin Wireless MasterPlan Study Existing Coverage Map 3 E:3 City of Tustin Wireless MasterPlan Study Existing Coverage Map 4 9 1 A City of Tustin Wireless Master Plan Study Map 5 Existing Coverage 10 City of Tustin Wireless Master Plan Study Existing Coverage Map 6 11 City of Tustin Wireless MasterPlan Study Wireless Networks Wireless Networks and Cell Sites Cellular and Personal Communications Systems (PCS), which are commonly referred to as "cell phones," are integral to our daily lives. As consumers become more reliant on these devices, the need for additional antennas, or "cell sites", to support these customers also increases. The Cellular Telecommunication Industry Association (CTIA) reports that when they began their semi-annual survey of the industry in June 1985, there were an estimated 203,600 domestic cellular subscribers. By 2007, that number grew to over 250,000,000 customers. Currently, the corresponding wireless infrastructure that services over 250 million subscribers is estimated at approximately 230,000 cell sites. The Federal Communications Commission (FCC) has issued, through public auction, a limited number of licensed frequencies to wireless services providers, such as Verizon Wireless, T - Mobile, Sprint/Nextel, AT&T Mobility (a.k.a. Cingular and Cricket carriers). For the carriers to receive these frequency licenses, the FCC mandates that they must provide seamless coverage throughout the licensed market area assigned for those frequencies. In order to fully understand cellular service, an explanation of "cellular" and "cell site" concepts is necessary. In the first years of mobile wireless communications, carriers needed to provide subscriber coverage. To do so effectively, they limited their frequencies. Frequency spectrum reuse is accomplished by allocating a set number of frequencies to each wireless communications facility. (These frequencies are represented as hexagonal "cells" [shown below], which represent geographical areas.) Each cell utilizes a different frequency set than its neighboring cells. However, the next cell over (the adjacent shaded cell) can reuse the same frequencies as the original (shaded) cell. This pattern repeats throughout the geographical market area, creating a wireless communications network of cells, which are called "cell sites." Hence, because of this cell network, the term "cellular" communications is appropriate. Figure 1 Wireless communications networks develop using two underlying objectives that govern cell site placement: to provide coverage and to provide capacity. Together, these two objectives contribute to a network's overall customer Quality of Service. The first and main objective, is to provide coverage throughout the carrier's licensed market area. This is accomplished by locating new cell sites in areas where existing coverage is either unavailable or unreliable. These locations can be on the market area's periphery (where new population growth occurs), in newly -licensed markets (in which the carrier has no existing 12 City of Tustin Wireless MasterPlan Study Wireless Networks network infrastructure) or within an existing network (in which technical issues, such as topographical constraints, cause service interruptions or gaps). These gaps, or areas known as "holes," cause dropped calls. The other objective, network capacity, critically affects a wireless network's viability. Capacity is driven by demand, and a cell site can only handle a finite number of calls to meet this demand. As more customers use the network, greater demands are placed upon this limited frequency capacity, or bandwidth, of the cell site. When a cell site's bandwidth reaches its maximum capacity, customer call blocking and dropped calls result. Ultimately, maximization of bandwidth causes poor Quality of Service. A carrier attempts to minimize or eliminate insufficient capacity issues by dividing a cell; in other words, it introduces a new cell site between existing cells to off-load customer call volume. Site Selection All wireless carriers constantly seek to improve their Quality of Service by enhancing their wireless network infrastructures. This process begins when Radio Frequency (RF) engineers collect data on network performance. RF engineers pinpoint the networks' coverage problem areas by reviewing the recorded number of dropped calls or missed calls over the networks. The RF engineering team visits the areas of concern to determine the best technical locations for new cell sites. Then, the RF engineer issues "search rings," or maps of the general areas where new cell sites are needed. Typically, focal areas have less than one-quarter mile radii, but they may be even smaller, depending on environmental constraints such as terrain, vegetation and buildings. The next step in the process is performed by a Site Acquisition Specialist. The Site Acquisition Specialist uses an RF engineer's search map to identify the general locations of suitable properties that are cell site development candidates. However, the criteria that are employed at this stage often contradict the RF engineer's desired criteria. The site acquisition criteria for a geographically suitable property must be "leasable," "zonable" and "buildable," but it still must be viable from an RF engineering perspective. Hence, the carrier and the landowner must agree on business terms, the site must possess a reasonable likelihood of obtaining all necessary entitlements (permits), the site must be constructed within a reasonable budget and meet RF engineering objectives. Higher elevation properties prove to be the best cell site locations because they allow clear lines -of -sight for radio -transmitted signals. Yet, this fact presents a siting dilemma since, in many instances — and especially in established communities — the desired locations (to provide the best radio coverage) lie within residential areas. Carriers typically select commercial property cell site options to avoid or minimize controversial zoning and land use issues. However, as network infrastructure continues to expand, viable options for cell sites become increasingly limited. This trend has forced carriers to seek sites within residential areas, school properties, parks and the city's other public rights-of-way. Siting issues compound as the wireless service providers compete for both customers and suitable new cell site locations. The onus rests on local governments to manage and coordinate cell site proliferation throughout their communities. Local control and coordination are necessary because independent wireless services companies do not generally benefit from 13 City of Tustin Wireless MasterPlan Study Wireless Networks collaboration. In fact, an industry effort to coordinate network facility co -location is contrary to the spirit of business competition and raise concerns over collusion, monopoly and other regulatory issues. It is apparent that a process that coordinates and manages cell site growth is necessary and prudent to future wireless network infrastructures in any well-planned community. Therefore, the creation of a Wireless Master Plan provides a means to facilitate wireless network growth that meets both wireless companies' and subscribers' needs. Selection Criteria Managing or coordinating future cell site development requires the City to adopt certain cell site design standards. Each property possesses distinct characteristics that require unique cell site development approaches. A carrier must consider the following cell site selection criteria: • Topography • Coverage area • Tower design or type • Antenna height • Antenna array or antenna selection • Antenna orientation • Cable run (distance from the base station equipment to the antennas) • Surrounding vegetation and/or structures • Proximity to electrical power and telephone services • Access to the public right-of-way • Equipment and tower space limitations • Soil composition • Site development costs • Rent Simultaneously, a local government considers the following cell site selection criteria: • Site location • Tower design or type • Structure height • Area zoning (residential, open space, commercial, industrial or institutional) • Screening and integration • View impact • Landscaping • Access • Co -location These two set of criteria sometimes present conflicting objectives. Wireless service providers seek sites that maximize coverage area at minimum cost. These goals, from the carriers' perspectives, correspond to building towers high enough to overcome topographical limitations and possible vegetation or structural interference, while also including space for a full array of antennas (typically 12 antennas divided into three arrays, or "sectors," and a microwave dish). Furthermore, the carriers seek locations possessing close proximities to power, telephone and 14 City of Tustin Wireless Master Plan Study Wireless Networks street access, adequate space for equipment shelters and generator space. The preceding criteria foster basic cell tower sites that are not aesthetically attractive, and would not be welcome in suburban/ residential settings. 15 City of Tustin Wireless MasterPlan Study Wireless Communications Background Wireless Technology Background "Wireless telecommunications" generally describes those services known to the Federal Communications Commission (FCC) as Commercial Mobile Radio Services (CMRS). Currently, the majority of CMRS is encompassed within the radio telephony segment: Cellular Telephone Services (800 to 900 MHz range), Personal Communications Services (PCS) (1800 to 1900 MHz range), and Specialized Mobile Radio (SMR). By the end of 2003, 97% of U.S. residents had access to three or more providers of these services, and more than 160 million people subscribed to these services. Nationwide, over 54% of the population use CMRS services, and in Southern California, over 61% utilize CMRS services. During 2003, radio telephony generated over $88 billion in revenue. These facts prove that CMRS, and especially radio telephony, are major factors in the majority of the United States population's daily lives. Modern radiotelephony began with analog Cellular Telephone Service. While AT&T originally developed cellular technology in 1958, it did not become commercially available until the FCC began licensing cellular providers in 1982. Cellular licenses are allocated in two bands (A & B) within the 800 MHz area of the radio spectrum. Since 1991, two carriers have been licensed in each of the nation's 734 Cellular Market Areas. During the 1990s, most cellular service was transitioned from analog to digital signal transmission. Although cellular operators must retain analog service availability until 2008, digital service greatly improved reception for cellular customers. In addition to Cellular Telephone Service, first generation services also include Specialized Mobile Radio (SMR), whose best known provider in Southern California is Nextel. In 1979, the FCC began licensing SMR in both the 800 MHz and 900 MHz bands and, since that time, the FCC has also auctioned off spectrum for SMR services. To date, 1900 MHz of exclusive spectrum and 7.5 GHz of shared spectrum are allocated to SMR. SMR provides for both one-on-one and simultaneous group communications through "dispatch mode" operations. It also provides radiotelephony through "interconnected mode" operations, which connect the radios to the regular land line telephone network. Due to various interference issues between SMR and public safety radio systems, the federal government requires SMR providers to relocate from the 800 MHz band to the 1900 MHz band. In 1995, the second generation of radiotelephony services was introduced with the advent of Broadband PCS. PCS integrates cellular telephony with additional services, such as paging and text messaging. Digital signals in the 1850-1990 MHz bands deliver all PCS services. Unlike cellular, whose spectrum was allocated by the FCC through traditional regulatory licensing, Broadband PCS spectrum was allocated through auctions. The A and B blocks of the Broadband PCS spectrum, both of which are 30 MHz wide, were auctioned on the basis of 51 Major Trading Areas (MTAs). The remaining blocks (the 30 MHz C block and the 10 MHz D, E and F blocks) were auctioned based on 493 Basic Trading Areas (BTAs). The third generation of radio telephony, commonly called "3G," is generally implemented as a Broadband PCS enhancement. 3G technology requires high-speed digital transmission to support various multimedia applications, including email and internet access. The FCC also plans to auction an additional 90 MHz of spectrum, in the 1710-1755 MHz and 2110-2155 MHz bands, specifically for advanced wireless services like 3G and 4G. Fourth generation, known as 16 City of Tustin Wireless MasterPlan Study Wireless Communications Background "4G" or "beyond 3G," will provide high-speed advanced wireless communication services, including comprehensive IP solutions that deliver voice data and multimedia to users at any location and/or time. In addition to radiotelephony, CMRS includes two other elements: paging and Narrowband PCS. Licensees in these spectrum bands provide paging and both one- and two-way text messaging services. While these services may seem outdated, companies continue to find new market niches that need or desire these services. Evolution of Wireless Technologies Current cellular technology provides users with access to television broadcasts and live streaming video. The future of wireless technology promises an utterly ubiquitous wireless environment that offers even greater global high-speed data service access for a wide variety of devices. The emergence of the 802.16 (WiMAX) standard adds a new opportunity to provide high-speed data access to a new wave of Internet users. As the successor to 802.11a/g aimed at consumer applications that require very high throughput (like HDTV and streaming video), 802.11n possesses a fourfold increase in bandwidth to support increasing demands of high volume data networks over the next few years. These technologies will continue to evolve and cross-pollinate with both licensed and unlicensed bands, including PCS and VoIP (voice -carrying) networks. Hence, there is a common opinion throughout academia, industry and business that the current wireless technology fulfills neither current nor future demands," according to those behind the Wireless Gigabit with Advanced Multimedia (WIGWAM) project. WIGWAM is seen as an early version of the next generation of 802.11n looking for Gbps speeds, which is the interactive speed and bandwidth necessary for the next generation of wireless services envisioned. These new technologies and services entice both youth and adult markets. However, the majority of marketing dollars are spent on the youth market — with an age range of 12 to 24 years old — even though they do not make up the majority of the population. Wireless companies promote new cell phones, such as Helio and Amp'd Mobile, to provide these services. Helio's commercial, which states, "It's not a phone," accurately captures the new direction in which these devices are moving. As a result, many more cell sites are necessary to provide future services. Over the next few years, the landscape of wireless technology, new devices and the bandwidth necessary to meet the demands of the consumer will be dynamic. As wireless technology evolves, its supporting infrastructure will change in order to keep pace with new consumer needs. Technological evolution cannot occur if the infrastructure necessary to support it does not exist, and analysts anticipate that the number of existing cell sites, for any given area, will double or triple in order to provide the bandwidth needed for these services. Many industry analysts also expect that devices like PDAs, Pods, cameras, video cameras, and even wallets will be replaced by multiple -feature cell phones. Unlike Europe, Asia and South America, the United States has been slow to embrace these new technologies and services, but a growing number of companies believe that the American consumer is finally ready. 17 City of Tustin Wireless MasterPlan Study Wireless Communications Background DAS Networks Carriers often face poor signal quality in areas that are topographically isolated or in high- density urban environments. Moreover, when trying to improve their Quality of Service (QoS) by constructing new towers, they face opposition from local communities. These issues couple with the needed bandwidth for today's mobile data communications services, requires a new approach to efficiently develop network infrastructure. The Distributed Antenna Systems (DAS) network is an emerging phenomenon in wireless network deployments. While DAS is not new technology, it possesses a new application with outdoor open network usage. Traditionally, DAS networks were utilized in indoor environments like subways, tunnels, sports complexes, airports and convention centers. DAS networks typically use existing infrastructure, such as telephone poles and streetlights, to expand carrier networks. They deploy small antennas distributed throughout a geographic area. The antenna locations, referred to as "nodes," are interconnected by fiber optic cables to a central hub location. One remarkable aspect of a DAS network is its usage of shared infrastructure to support multiple wireless carriers within defined geographical areas. This network solution promises to address many of the carriers' coverage and capacity needs, while also minimizing the aesthetic and zoning issues that concern local governments. However, DAS network deployments are still relatively unused when compared to the overall scheme of carrier deployments nationwide. 18 City of Tustin Wireless MasterPlan Study Wireless Communications Background Mergers and Acquisitions and Name Changes Over the 15 years that wireless companies have been active, a number of mergers, name changes, and partnerships have occurred. The following table sorts out the various players: Table 1 Current Wireless Company Transactions ONO—— »e».»z»......yCingular CingularWireless (the new AT&T Renamed from Pac Bell Wireless Wireless Purchased AT&T Wireless who purchased LA Cellular Partnered with T -Mobile Sold a portion of its combined network to T -Mobile, dissolving partnership Purchased spectrum rights from NextWave Telecom Rebranded to AT&T (Completed 2007 g� g` `'�"yk °b3h"a. aizj -i., e p9�..�;,, b .a.x ,,.,. xss�ns n i{ 9k3Y Nextel (Nextel) Provided Boost Mobile with prepaid services through joint venture with an Australian company Merged with Sprint PCS, though it appears Nextel may remain active as Sprint's business service cite Currently required to relocate its spectrum to eliminate Public Safe Radio System interference issues Sprint PCS (Sprint) Renamed from MCI Acquired Cox PCS service Merged with Nextel Partnered with Virgin Group LLC to form Virgin Mobile prepaid services T -Mobile Deutsche Telecom Partnered with Cingular Wireless Purchased a portion of Cingular Wireless' network and certain spectrum rights as partnership dissolved Partnered with Western Wireless 7 p9Y Y 2 sR .»xk� .«««««.l v «.« b C .,,. TIM-- ..».r.y ' X t ..- � .... .� -VM_-"-,!.. Verizon Wireless Verizon Purchased Airtouch Cellular Acquired PacTel Cellular T -Mobile and Cricket are relatively new players in the wireless industry; they previously shared their network with Cingular. However, the acquisition of AT&T Wireless required Cingular to divest part of its wireless network, so it chose to sell its former Pacific Bell locations to T -Mobile. As part of this transition, each carrier is in the process of moving their customers to separate networks in order to give each company time to fill in coverage holes. In addition, two new wireless companies joined the Southern California market, Metro PCS (dba Royal Street Communications) and Modeo. While Metro PCS competes head-on with the other 19 City of Tustin Wireless MasterPlan Study Wireless Communications Background major wireless carriers, Modeo is a subsidiary of one of the major tower companies and is expected to use its infrastructure to develop its network. 20 City of Tustin Wireless Master Plan Study Regulatory Issues Federal ulatory Issues Three principal Acts allow Congress to provide a comprehensive federal regulatory scheme over wireless telecommunications, thereby preempting State and local regulations. The first Act is the Communications Act of 1934. This Act created the Federal Communications Commission (FCC), giving it regulatory responsibility for interstate communications, both wired and wireless. Second, the 1993 Omnibus Budget Reconciliation Act eliminates States' abilities to regulate wireless providers' entries and rates. Finally, the Telecommunications Act of 1996 overhauls the 1934 Act, focusing on creating a competitive telecommunications market by eliminating the barriers to entry and the "public utility model" monopolies that were the telecommunications industry's principal features under the 1934 Act. The major exception to federal preemption under the 1996 Act is local zoning authority, which is specifically reserved for State and local governments. Under the 1934 and 1996 Acts, the FCC exercises regulatory authority over wireless communication providers, including spectrum allocation (through traditional public interest allocations or auctions), carrier licensing, and the design, manufacture and operations of equipment. In addition, the FCC enforces comprehensive radio frequency exposure regulations to protect the public from dangerous radio frequency emission levels. Aside from the 1934 and 1996 Acts, wireless telecommunications providers may fall under a number of additional federal regulations. In order to avoid being hazardous to air navigation, wireless facilities must comply with Federal Aviation Administration regulations with regards to height and proximity to airport facilities. Projects in certain federal priority areas, including federal property, wilderness areas, wildlife preserves, endangered species habitats, historical sites, Native American religious sites, flood plains and wetlands may require environmental assessments under the National Environmental Protection Act. Wireless facilities that contain backup battery and generator systems may also be subject to federal regulations under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, and the Emergency Planning and Community Right -to -Know Act. State Due to federal preemption, the State plays a limited role in wireless telecommunications' regulatory issues beyond the Labor, Tax and similar Acts applicable to all business enterprises in the State. The zoning exception, however, does provide an opportunity for State regulation. Since the State generally delegates land use authority to local government, State regulation is generally limited to those special cases when the State retains zoning authority. Such cases include the Coastal Zone, where the Coastal Commission exercises regulatory authority, and hospital sites, where the Office of Statewide Health and Planning Development exercises 21 City of Tustin Wireless MasterPlan Study Regulatory Issues authority. In addition, wireless facilities must meet the requirements of the California Environmental Quality Act (CEQA). Local The 1996 Act's exception for zoning regulation causes local governments to have the most direct impacts on wireless facility locations and their visual appearances (with respect to placement, construction, and modification). However, this authority is limited. Local governments may not "unreasonably discriminate among providers of functionally equivalent services," enact regulations that prohibit wireless facilities, or prohibit facilities based on the concern of radio frequency emissions, for which the FCC sets regulations. Further, local governments are required to act in a timely manner on a wireless placement permission request. If a request is rejected, it must be placed in a written record that is supported by substantial evidence. Applicants who are denied authorization for facility placement may file actions in court that challenge the denial, and they are then entitled to expedited hearings in court. If a denial is based on radio frequency emission, the applicant may appeal that denial to the FCC instead of the court. The Telecommunications Act of 1996 (TCA) allows state and local governments to enact ordinances governing the placement of wireless telecommunications facilities [§TCA Section 332 (c)(7)]. Nonetheless, local governments become increasingly embroiled in lawsuits filed by the common carriers over restrictive local ordinances, violating Section 253(a) of the TCA [§ 253(a) - (e)(1994 & Supp. II 1996)) (hereinafter "removing barriers']. Recently, the courts have struck down restrictive ordinances or ordinances that are "so onerous" that they restrict wireless network development, as in the following case: Sprint Telephony PCS, L.P. v. County of San Diego, Nos. 05-56076, 05-56435 (9th Cir. June 13, 2007). Local governments regulate, but cannot prohibit, wireless communication facility placement on sites like schools, in residential zones and in public rights-of-way. Furthermore, according to the TCA § 332 (c)(7)(8), 'Limitations (iv) - No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the commission's regulations concerning such emissions " Radio Frequency Emissions Wireless site emissions cannot be directly regulated by the City. The Telecommunications Act of 1996, 704 Section B, states that State or local governments may not regulate wireless facilities on the basis of environmental effects of radio frequency emissions if the applicant demonstrates compliance with FCC regulations. It is important to understand the guidelines under which such sites are regulated. The government bases the Maximum Permissible Exposure (MPE) levels upon National ANSI, IEEE and international standards. The FCC established these health and radio emission standards, and the guidelines for. measuring and analyzing RF Emissions were created by the FCC's Office of Engineering and Technology (OET) 65. This Office writes a periodic bulletin called "Evaluating 22 City of Tustin Wireless MasterPlan Study Regulatory Issues Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields." This bulletin aids engineers and other qualified persons, guiding them toward correct determinations about whether specific sites meet emission requirements. Typical cellular tower transmissions are relatively low in power, so FCC -outlined emissions rarely present issues. The distance from a transmitting antenna to the nearest structure is usually greater than the FCC requirement, and emissions fall well below the MPE threshold. Another excellent FCC-oridyced reference is entitled, "A Local Governments Officia/s Guide to RF Emission Antenna Safety."" Rules, Procedures and Practical Guidance are available on the FCC's RF safety web page at www.fcc.gov/oet/rfsafely. 23 City of Tustin Wireless Master Plan Study Wireless Infrastructure Analysis Wireless Infrastructure — Existing and Proposed ATS identified 39 active cell sites at 33 locations throughout Tustin. Of the 39 existing cell sites, T - Mobile has the most facilities, possessing 11 locations. Sprint PCS, Nextel, and AT&T each have 7 sites. While Verizon and Metro PCS possess 5 and 2, respectively. Analysts observe eight different antenna structure styles, the most common is a stealth roof mount. The proposed sites were developed using the radio frequency engineering analysis. These sites were identified by locating the carrier's absent coverage areas and plotting the findings on city property. These identified sites serve as probable areas for future development, meaning they are the closest approximation to the carrier's coverage gaps. But these selected locations do not necessarily fit the City's desires for placement or the carrier's coverage and capacity goals. The maps below present three different pictures to the City: the coverage that currently exists, the additional coverage that is needed (proposed coverage), and the final picture of what exists and what is proposed, which shows the future deployment in the City. The maps provided are shown for each of the major carriers that service the City. These maps also show the strength of the coverage provided by each site located within the City. The legend provided on each map will enable the user to see the outdoor coverage versus the indoor coverage by carrier. The goal of the wireless carriers is to attain indoor coverage for their users. This will enable individuals to have cellular reception in their home and office. By attaining this coverage the carriers will greatly reduce the coverage holes that are located in the City. 24 City of Tustin Wire%ss Master Plan Study AT&T Wireless Wireless Infrastructure AT&T is the largest carrier in the Unites States based on subscribers, it serves 70.1 million individuals. AT&T has the largest digital voice and data network in the network, which is referred to as the ALLOVER network. The ALLOVER network covers the top 100 U.S. markets. AT&T claims to be the leading innovator in the wireless industry, introducing many of the newest technologies including GSM/GPRS, the Apple Phone, and the Blackberry. Consumers can access high quality videos and music from these new phones, which require greater bandwidth capabilities. With this technology, AT&T has captured some of the fastest growing wireless segments, including youths and Hispanics. The following table lists locations that satisfy AT&T's future needs: Table 1 Proposed for AT&T Wireless sits TUS033 11385 Pioneer Road TUS034 10250 Pioneer Road 25 1 1 1 1 1 1 1 1 1 1 City of Tustin Wireless Master Plan Study Wireless Infrastructure Map 1 AT&T Additional Proposed Coverage 26 d1 AN r City of Tustin Wireless Master Plan Study Map 2 Wireless Infrastructure 27 Pq bw rJ City of Tustin Wireless Master Plan Study Map 3 Wireless Infrastructure 28 F u 1 City of Tustin Wireless Master Plan Study Wireless Infrastructure Map 4 29 City of Tustin Wire%ss Master Plan Study Nextel Wireless Infrastructure Unlike the Cingular/AT&T merger, Sprint and Nextel remain separate entities. It is unclear if Nextel will brand itself as the merged companies' business focus or target another market segment; nevertheless, they combined their build plans for efficiency. While each build plan is shown separately, Sprint and Nextel will likely co -locate on one another's sites as part of their network enhancements. They will also combine their new site acquisitions through Sprint's name, which is part of their already -underway Synergy network enhancement plan. Table 2 Pro osed for Nextel TUS033 11385 Pioneer Road TUS034 10250 Pioneer Road 30 City of Tustin Wireless Master Plan Study Wireless Infrastructure Map 5 31 City of Tustin Wireless Master Plan Study Wireless Infrastructure 32 City of Tustin Wireless Master Plan Study Map 7 Wireless Infrastructure 33 ji e City of Tustin Wireless Master Plan Study Wireless Infrastructure 34 City of Tustin Wireless Master Plan Study Wireless Infrastructure Sprint PCS Sprint PCS recently announced its plans to develop and deploy the first fourth generation (4G) nationwide mobile network. As a large community in the nation's primary mobile market, Sprint PCS will likely enhance its network throughout Orange. It is probable that Sprint PCS will employ clauses in the Nextel's agreements, enhancing its networks within those facilities' bounds. Even so, the higher frequency ranges needed to facilitate 4G technology require additional sites. In 2006 and 2007 Sprint added thousands of cell sites and enhancements to its national wireless network, spending approximately $13 billion dollars. Sprint is aiming to have both networks, Sprint and Nextel, performing at optimum levels with fewer dropped and blocked call while their consumers are using new technology features. The chart below shows locations identified as potential candidates for Sprint's build. We anticipate that, with Nextel's frequency change and Sprint's aggressive live sports video marketing, site demand may exceed this analysis. Table 3 Proposed for S rint TUS021 13602 Parkcenter Lane TUS033 11385 Pioneer Road TUS034 10250 Pioneer Road 35 t E7 -j City of Tustin Wireless MasterPlan Study Wireless Infrastructure Map 9 Sprint Additional Proposed Coverage W City of Tustin Wire%ss MasterP/an Study Wireless Infrastructure Map 10 37 Ow i City of Tustin Wire/essMaster Plan Study Wireless Infrastructure Map 11 i 1 L 1 r City of Tustin W%re%SS MaSterP/an Study Wireless Infrastructure Map 12 39 City of Tustin Wireless Master Plan T -mobile Wireless Infrastructure T -Mobile is a subsidiary of the German company Deutsche Telekom AG. It entered Southern California's market in 2003, sharing its network with Cingular. As part of Cingular's acquisition of AT&T Wireless (currently AT&T), it sold the portions of its network that were sites acquired from its Pacific Bell acquisition. In order to transition its customers from AT&T (Cingular) sites, T -Mobile plans to enhance its network using an aggressive build plan. T -Mobile's Radio Frequency engineers indicate that its three-year build plan calls for approximately 1,700 sites each year within the Southern California region. With a steady increase in customers from 2006, T -Mobile will need to continue their expansion of sites in order to maintain their awarded achievement of "2007 Highest in Overall Customer Satisfaction with Wireless Retail Service". Table 4 Proposed for T -Mobile IN Pf TUS021 13602 Parkcenter Lane TUS033 11385 Pioneer Road 40 City of Tustin Wireless Master Plan Study Map 13 Wireless Infrastructure 41 City of Tustin Wireless Master Plan Study Wireless Infrastructure Map 14 i -monne txistina coveraae ter- E .Y• (Q) -- � � a00i v c . c 0UU >U C U`p c U e - O Q� a 42 City of Tustin Wireless Master Plan Study Wireless Infrastructure Map 15 43 City of Tustin Wireless Master Plan Study Map 16 Wireless Infrastructure T -Mobile ExIstinq Sites and Cily Pro ertle 001 LL r � T `, -_.. b gory ; ✓..� � ^cO'' .. d, (,J > OI �f ✓.,:i lna� yqpEEi�xi�*�� a"s 0.LN ii%Sn t" kfii3.5&�."* al® #N Sa>x A t sY k 4°xE4b u"}7'�" 4Skifi ?544�6"xSW 6. $ ELN � q5V ra'sY3 I �! asw3%W' refa`a u.x>sxv c,xraz"i'ea 1.1.i'4"'l 'P MIA 44 City of Tustin Wireless Master Plan Study Wireless Infrastructure Verizon Wireless Headquartered in Basking Ridge, New Jersey, Verizon Wireless is a joint venture of Verizon Communications and Vodafone. With 54 million customers across the country, Verizon Wireless is second in subscribers only to AT&T. In this market, Verizon is transitioning from the cellular network (800 to 900 MHz) to the PCS network (1800 to 1900 MHz) to prepare for the next generation of products and services. Verizon operates in both the cellular and PCS frequency ranges, the cellular (850 MHz) range reaches further than the higher PCS (1900 MHz) range. For Verizon Wireless to maintain its customer base, especially with new competitors entering the market, it is expected that its build plan will increase dramatically over the following years. In order to compete with other wireless carriers' new services, Verizon Wireless must move to the PCS range, which allows for greater data bandwidths services like streaming video, games and mobile phone Internet access. Table 5 Proposed for Verizon .. g WN MOM TUS034 10250 Pioneer Road TUS035 Tustin Sports Park ER if City of Tustin Wireless Master Plan Study Map 17 Verizon Additional Proposed Coverage Wireless Infrastructure City of Tustin Wireless Master Plan Study Map 18 Wireless Infrastructure 47 E r - 9 City of Tustin Wire%ss Master Plan Study Wireless Infrastructure Map 19 48 City of Tustin PP Wireless Master Plan Study P I� Map 20 Wireless Infrastructure 49 City of Tustin Wire%ss Master Plan Study Metro PCS Wireless Infrastructure Metro PCS offers PSC, or broadband personal communication services, to consumers with no long term contract, a flat rate, and unlimited usage in regards to minutes. Metro PSC has been around since 2002, and it the fastest growing PCS providers in the United States. They provide service to 14 of the 25 large metropolitan cities and their surroundings areas in the country. In 2007 there was widespread news of a merger between Metro PCS and Leap Wireless International. MetroPCS withdrew from the merger in order to focus on realizing it's stand-alone growth opportunities. In 2007 there was a service launch in Los Angeles, and its expected that there will be continued launches by late 2008 or early 2009. Table 6 Proposed for Metro PCS Sit TUS021 13602 Parkcenter Lane TUS034 10250 Pioneer Road TUS035 Tustin Sports Park 50 r I City of Tustin Wireless Master Plan Study Map 21 Metro PCS Additional Proposed Coverage Wireless Infrastructure 51 City of Tustin Wire%ss Master Plan Study Wireless Infrastructure Map 22 52 City of Tustin Wireless Master Plan Study Map 23 Wireless Infrastructure 53 City of Tustin Wireless Master Plan Study Map 24 Wireless Infrastructure 54 City of Tustin Wireless MasterPlan Study Radio Frequency Analysis Radio Frequency Engineering Methodologies To model and calculate existing carrier coverage, RF engineers used the following assumptions and data: 1. Structure heights are either known or estimated at fifty feet 2. Field -verified Latitudes and Longitudes 3. Carrier antenna orientations are not taken into account during the initial study 4. A theoretical Isotropic (perfectly round globe) 10dBd omni antenna is used for all propagations 5. Thirty -meter (1 arc sec) terrain elevation data is used for propagation predictions 6. One- and two -meter Satellite Aerial Imagery is used, and thirty -meter (1 arc sec) terrain is used to overlay Aerial Imagery 7. No Clutter data is included as part of the propagation calculations 8. The Longley Rice model is used, with the percentage of time set to 70%, the percentage of location set to 85%, and the margin set at 18 as a conservative correction factor 9. Electrical or mechanical down tilt, sectorization, directional or high gain antennas are not used for this output 10. Signal strength thresholds for the color propagation levels are set to -75dBm Green, -85dBm Blue, -90dBm Yellow, —98dBm Brown and-104dBm Red 11. Receiver threshold limit is set at-104dBm 12. Full transmit power (ERP) is set to twenty Watts at all of the sites' hatch plates, after which typical cable loss is inserted base on structure height to closer model the real life signal losses occurred for each site. 7/8 inch cable was used for the loss calculations with a total of 12ft of 1/2 inch for jumpers 13. Duplexers, surge suppressors and any other connector line are inserted at .8 dB total loss. Total ERPs for all sites ranged between 96 and 141 Watts, with heights ranging from 8 feet to 100 feet 14. Cellular and SMR frequencies are set to 875MHz and PCS at 1960MHz As part of the initial comprehensive cursory analysis, engineers produced propagations for each carrier's on -air site. This study aims to determine the highest probability of each network's reliable coverage, in conjunction with each carrier's ability to pursue its short and long term growth strategies. Since each carrier's actual RF engineered settings were not entered and reproduced, the methods used here generate common predictions for overall systems by using relaxed modeling. Sectorization, directional antennas, downtilts and power were not directly estimated in the modeling per each carrier's actual settings, so this output represents a 'perfect" antenna of equal signal gain of 10 dB. Due to this propagation method, growth strategies should still reflect the probability of areas where carriers may need additional sites for better overall footprint coverage and/or to address capacity issues. However, this data does not confirm areas that have coverage that may not really exist, and vice versa. 55 City of Tustin Wireless Master Plan Study Radio Frequency Analysis Map 1 i ramc Mao. used to consider tramc counts and riow: - 1 A i SPA gills e L='`1�e•Q oi� rum* 7�� OWN ME4 on We m� �,....l�� :� �� wriii ■rwi■ r. �w�}iwr ii�iww�wr/� ��1 i�i��f � ■ ��'�'�iCi�■■"iL'i�'�' .CCC � � � �_) +r...NO F!"; t E ,- y� . '�� .� _ tea■ �� R ire+r -T�'L- i�� . i ��=0 LIIININHIN,111 mum City of Tustin Wireless Master Plan Study Map 2 Radio Freauencv Anal 57 City of Tustin Wireless Master Plan Study Map 3 Radio Freauencv Analvsis PODWation mai used for all carriers' capacity evaluations: A', LU WC 71 BE AU 7C9 —1 rn City of Tustin Wireless Master Plan Study Map 4 Radio Frequency Analysis 59 City of Tustin Wireless MasterPlan Study Inventory of City Property Inventory of City Property The following table lists all city -owned properties. All properties are initially evaluated as possible wireless facility location candidates. However, parcels are removed from consideration if they exhibit development limitations and can not be considered viable sites to place support structures for wireless antennas and accompanying telecommunications equipment. City properties that are within a quarter -mile of identified coverage gaps are typically proposed as properties to target for development. But this does not prohibited carriers from targeting adjacent private properties that better accommodate coverage needs, leasing terms, or build area. Table 1 .»:«�»_ fir '.bat^EQ .'-v ..icew t 4i'r 00196 Ali TUS001 1472 Service Road 33.723275 -117.826888 TUS002 235 E. Main Street 33.742362 -117.821840 TUS003 245 E. Main Street 33.742091 -117.821683 TUS004 275 E. Main Street 33.742422 -117.821233 TUS005 335 Prospect Avenue 33.742700 -117.822132 TUS006 18001 Beneta Way 33.751158 -117.818589 TUS007 14632 Prospect Avenue 33.750906 -117.821764 TUS010 11921 Simon Ranch Road 33.751360 -117.785758 TUS012 17575 Vandenburg Well 33.758167 -117.825397 TUS014 13161 Yorba Street 33.770879 -117.827082 TUS015 18602 E. 17th Street 33.759124 -117.808717 TUS017 11301 Newport Avenue 33.769138 -117.793548 TUS018 11811 Outlook Lane 33.752229 -117.783083 TUS019 13333 Foothill Blvd. 33.768865 -117.796945 TUS020 13331 Foothill Blvd. 33.768865 -117.796945 TUS021 13602 Park Center Lane 33.730489 -117.803915 TUS022 14722 Devonshire Avenue 33.722062 -117.819263 TUS023 14712 Prospect Avenue 33.749092 -117.821568 TUS024 1400 Mitchell Avenue 33.732334 -117.818645 TUS025 2350 Kinsman Circle 33.734442 -117.795360 TUS026 13301 Myford Road 33.730628 -117.793438 TUS027 2274 Fig Tree Drive 33.719594 -117.812721 TUS028 McFadden & Pasadena 33.734081 -117.832082 TUS029 230 W. 1st Street 33.745034 -117.825522 TUS030 1402 Bryan Avenue 33.739328 -117.811208 TUS031 300 Centennial Way 33.743391 -117.819724 TUS032 200 S. C Street 33.746518 -117.834126 TUS033 11385 Pioneer Road 33.751236 -117.769605 TUS034 10250 Pioneer Road 33.767251 -117.761297 TUS035 12850 Robinson Drive 33.733994 1 -117.785102 TUS036 18500 E. 17th Street 33.759324 -117.809034 TUS037 14702 N. Prospect Avenue 33.749766 -117.821746 M City of Tustin Wireless MasterPlan Study Inventory of City Property Mme.... TUS038 14652 N. Prospect Avenue 33.750402 -117.821761 TUS039 240 E. 3rd Street 33.742831 -117.821615 TUSO40 285 E. Main Street 33.742391 -117.820978 TUSO41 Beneta Way 33.751311 -117.819444 61 City of Tustin wireless Master Plan Study Inventory of City Property Map 1 Map of City Properties i u Ttn\ ...... }_ C, qty... r 'a 4 WU� IF INA Property Evaluation & Marketing In order to evaluate city -owned property, all parcels are geo-coded. This information is the minimum profile necessary for initial property marketing. The list of geo-coded properties is immediately available to the carriers for review and enhancement to their wireless network. When evaluating and marketing properties to wireless carriers several factors need to be considered, 1. The ground height's relationship with the surrounding area, the ASML, 2. Suitable height for antennas according to the City's zoning standards, and 3. The carrier's coverage, capacity objectives, customer usage and newly available wireless services 62 City of Tustin Wireless Master Plan Study Recommendations Design Standards Desian Standards The cell site design standards are presented below with a brief description of the appearance and its typical use. General Types of Cell Sites Antennas and Mounting Systems: • Whip antenna —a thin, metal/fiberglass pole that serves as a receiving and transmitting device. Typically, this antenna measures 18 inches to ten feet in length and one-half inch to four inches in diameter. This is typically installed on fire department buildings, police department buildings and city maintenance facilities. • Light standard with flush -mounted antennas — usually found at sports fields with ballpark lighting. The antenna panels are mounted near the pole and under the lights. However, antennas can also be placed within a 'stealth" cylinder on top of a light standard. • Flagpole antenna— a slim line monopole with a flag attached. It has a thicker diameter than a typical flagpole. • Monopole — a tall pole topped with a triangular structure to mount the antenna array. This one of the earlier design types used for wireless communications facilities. • Slim -line monopole — a slender pole mounted with a four- to six-foot high radome that has an 18- to 24 -inch diameter to conceal the antennas. • Lattice power line towers — a design takes advantage of the existing lattice tower power transmission used by the utility companies. • Water tank — uses a pre-existing, above -ground structure to attach antennas. • Monopine — similar to a monopole design pole with simulated bark covering, in addition to simulated branches and pine needles. • Monopalm — covers a monopole design with palm fronds and a growth pod as a means to hide the cell site's antennas. • Monobroadleaf — mimics a broadleaf tree to hide antennas, using the same monopole structure. • Lollypop — consists of a thin pole that holds a panel antenna. It is employed in open space or below the ridgeline in canyons or areas of hilly terrain. Sometimes the antenna is blended with faux or natural vegetation. • Building fagade mounted antenna — installed by flush -mounting the antenna to the building's fagade and painting it to match the wall's color and texture. In some cases, the antenna is incorporated into or hidden by one of the structure's design elements. • "Stealth" installations — A "stealth" installation include monuments, faux chimney, rooftop parapet, rooftop screen walls, steeple, clock tower, faux rocks, faux water tanks 63 City of Tustin Wireless MasterPlan Study Design Standards Proposed Design Standards We recommend that the City adopt the following design standards into all cell site development guidelines: Antenna Mounting Systems: Whip Antennas • Antennas 18 inches or less in length should be allowed on any existing structure and zone. • Antennas 60 inches or less in length should be allowed on any commercial or industrial building provided that the antenna does not exceed the roof line by more than ten feet • A whip antenna's base should be set back from the roof's edge by a distance equal to its height. Lioht Standards • Allowed in all zones with low profile/flush-mounted antennas and up to 35 feet high • Antennas should be painted to match the light standard and all cables should be concealed within the light standard. • The radome should not exceed 18 inches in diameter and 6.5 feet in height. • New ball field light standards should be subject to conditional use permits, as long as they do not exceed 65 feet in height. Flagpoles • If the pole does not exceed 55 feet in height, and the antenna is concealed inside the pole, they should be allowed in any zone. • The radome must not exceed an 18 -inch diameter. • The poles must be able to fly flags. If the flags are U.S. flags that are not removed every day at sunset, the flagpoles must be lit. • The pole diameters should be the minimum necessary to meet engineering requirements to accompany and conceal the inner coaxial cabling. • Different carriers' antennas should be distributed on multiple light poles to minimize the poles' overall diameters. Monopoles • Not allowed, except as "slim -line" monopoles. • New antenna co -location on existing sites should only be permitted by a conditional use permit . Slim -line monopoles • Antennas and cables should be mounted inside the structures and the radomes exceeding an 18 -inch diameter should not be allowed. • The structures' colorings should be light grey, olive green or light blue to better blend in with their backgrounds. Lollypop antenna • Approved only when other "stealth" installation types are more intrusive, such as on steep slopes or hillsides where they attract more attention. • Installed below ridgelines wherever possible to stop the antennas' profiles from appearing above a slope top. • Cross braces between individual antenna poles add additional bulk to the installation, and should be discouraged. 64 City of Tustin Wireless MasterPlan Study Design Standards • Antennas and their support poles must be painted the appropriate colors that match the surrounding environment. • In cases where irrigation is available, natural shrubs must be planted behind lollypop antennas. • In cases where irrigation is unavailable or impractical, faux shrubs (subject to staff review) are installed to conceal antenna arrays. • All coaxial cables that connect the antennas to their accompanying telecommunications equipment cabinet are run underground. • The antennas' heights from the base do not exceed 15 feet. Building facade mount • Patch (usually 12 inches high) antennas and antennas less than 1.5 square feet in surface area that are mounted to a building facade are covered and painted to match existing facade's color and texture. They are also mounted flush to the building or with low -profile brackets, as well as skirted. The antennas' profile does not extend more than 12 inches from the building facade's face. • Antennas with surface areas greater than 1.5 square feet that are mounted any commercial building's facade are fully screened using materials that match the existing facade's color and texture. • Antenna screening systems must be architecturally integrated to the greatest possible extent. • Antenna screens must be fully enclosed to prevent birds from nesting in the screen structures. • The facade mounted antennas and screening must not exceed 18 inches from the existing building's face and must be designed to the minimum feasible depth. • The structure's walls, conduits, chases or concealment type devices that are integrated into the building's architecture must hide all coaxial cables to the greatest possible extent. All exposed cable is painted to match the underlying surface. Lattice towers • No new types of lattice towers should be allowed. Power line towers • Co -location on existing power line towers should be allowed. • Antennas should be mounted to the vertical portion of the structure, using low - profile mounting brackets. • All pipe -mounts must be concealed behind the antenna. The accompanying coaxial cables should be run on the tower structure's inside. • Accompanying telecommunications equipment should be located under or close to the tower structure. The equipment should be enclosed by a screen. Water tanks • Antennas mounted on the top of the structure should be concealed behind screening that does not exceed six feet. • Antennas, coaxial cables, and screening should be painted to match the color of the structure. 65 City of Tustin Wireless Master Plan Study Desian Standards Faux tree design specifications: Monopine • Designed for a minimum of two carriers. • Has 3.1 branches per foot for full -density coverage, limiting spacing between the branches. Seventy percent of the branches should be eight feet or longer. • Branch dispersal is random, with intermingled long and short branches, to appear natural. • Branches extend beyond all antennas by at least 12 inches in length. • Branches begin 15 feet above the ground. • A five foot minimum space exists between the top of the antenna and the top of the faux tree. • Branch foliage is multicolored with greens and browns, and matching those of a natural pine tree. The foliage is extruded (made from plastic) in these colors instead of painted. A sample is submitted for City approval prior to fabrication. • A bark cladding sample with custom color is submitted for City approval prior to fabrication. • "Pine needle antenna socks" that match the approved foliage colors cover all antennas. • Antennas are mounted using "stand-off mounts" (horizontal, frame -type mounts are unacceptable). Antennas support pipe mounts, which are painted a darker shade of green or black with a "flat" paint finish that reduces reflection and mounting visibility. • Coaxial cables access the structure through the base. Raised ice bridges or cable trays are unacceptable. • Monopine structure height is forty feet, unless a greater height is authorized. Monopalm • Structure is designed for a minimum of two carriers if possible. • The monopalm structure possesses sufficient palm fronds to simulate a natural palm tree. • The growth pod and/or the monopalm trunk conceals the antennas. • A minimum space of five feet exists between the top of the antenna and the top of the faux tree's palm fronds. • Frond foliage color varies in olive green shades to simulate palm tree colors. A sample palm frond is submitted for City approval prior to fabrication. • A custom -colored sample of bark cladding is submitted for City approval prior to fabrication. • The tower (trunk) conceals all coaxial cables, which access the structure through the base. Raised ice bridges or cable trays are unacceptable. • The monopalm structure's height is forty feet (tower portion), unless a greater height is authorized. Monobreadleaf • Designed for a minimum of two carriers. • The monobroadleaf structure possesses a sufficient branch count to conceal all antennas. • Branch dispersal is random, with intermingled long and short branches, to appear natural. • Branches exceed all antennas by at least 12 inches. • Branches begin 15 feet above the ground. City of Tustin Wireless Master Plan Study ian Standards • A minimum space of five feet appears between the top of the antenna and the top of the faux tree. • Branch foliage (leaves) possess varying colored "leaves" to mimic a real broadleaf tree. The foliage is extruded in these colors instead of painted. A sample branch with foliage must be submitted for City approval prior to fabrication. • A custom -colored sample of bark cladding is submitted for City approval prior to fabrication. • "Leafed antenna socks" that match the approved foliage color must cover all antennas. • Antennas are mounted using "stand-off mounts" (horizontal, frame -type mounts are unacceptable). Antennas conceal support pipe mounts and must be painted a darker shade of green or black with a "flat" paint finish that reduces reflection and mounting visibility. • The tower conceals all coaxial cables, which access the structure through the base. Raised ice bridges or cable trays are unacceptable. • The monobroadleaf structure's height is forty feet, unless a greater height is authorized. "Stealth" antenna Monument • Designed to coincide with environmental conditions. • Installation height allowed for two carriers , or a minimum of 38 feet Faux chimney • Should be allowed, depending upon the extent of the site application's integration with the existing building's architecture. • The antenna's number, height, width and depth must balance with the existing structure's bulk and scale. • Must not exceed ten feet above the maximum roof height for all level -roofed buildings. • Must not exceed the maximum roof height of a peak -roofed building. Rooftop parapet • Installation must be screened, all around, to match existing color and texture of parapet • A parapet extension must not exceed five feet above the existing parapet and integrate architectural with the existing building. Rooftop screen wall • Do not exceed ten feet above the maximum roof height for level -roofed buildings. • Walls are screened on all sides. • Walls are set back at least three feet from the roof's edge. • Walls match or complement the building facade's color and texture. Steeple • Antennas mounted inside existing steeples can utilize the full space, • Must be match the existing structure's color and texture and be fully screened. • Any modification to the steeple's outward appearance requires that it be integrated with the overall structural design. 67 City of Tustin Wireless MasterPlan Study Design Standards • New steeple construction on an existing structure is consistent with the current architectural design up to 45 feet (regardless of the zone's underlying height limit). Clock tower • A clock tower installation must be appropriate for the location, • It must be designed for a minimum of two carriers, • The installation is allowed, up to 45 feet in height, depending upon the surrounding environment. • The design is consistent with the environmental setting. Equipment location & screening systems: • All equipment installation types require all coaxial, telephone and electrical cables/wires to be concealed. Equipment vault • Below ground equipment vaults are encouraged for all wireless installations at park facilities, parking lots and wireless facilities in the public right-of-way. Tenant improvement • Tenant improvement is encouraged for all wireless installations on existing buildings, where sufficient space is available within the building's interior. If sufficient space is not available within the existing building structure, equipment room additions are allowed subject to standard building codes. Equipment room addition design is consistent with the existing building's architecture and must be effectively mitigated with the required landscape setbacks. Prefabricated equipment shelter • These shelters are discouraged for most wireless installation applications. Prefabricated equipment shelters can be utilized in commercial areas where the shelter is not visible to any public view. Site constructed equipment shelter • These shelters are encouraged, provided that they are architecturally integrated into the surrounding environment. Equipment shelter heights must not exceed that which is consistent with the adjacent building. Air conditioning condensing units (A/C units) must be located on the ground adjacent to the structure or mounted in the roof. A/C units must be fully screened, and they must not exceed any applicable noise ordinances. Landscape standards also apply. Outdoor telecommunications equipment cabinet • These cabinets must be located within equipment enclosures (except telecommunications equipment in the public right-of-way), with sufficiently high walls that completely conceal the equipment cabinets from public view. Equipment enclosures must have lattice -type covering to prevent unauthorized access. All city screening and mitigation requirements also apply. Rooftop equipment platform • These platforms must be fully screened and, if possible, integrated with a rooftop antenna installation. Equipment screening height must not exceed ten feet above the maximum roof height or level -roofed buildings and others are subject to staff review. C3 City of Tustin Wireless MasterPlan Study Design Standards In evaluating the appropriate design for a particular property, existing uses of the property, landscaping and optimal location of the facility must be considered. As the wireless industry and its services evolve, its equipment will change as well. The WMP will need periodic updates to incorporate the wireless industry's changing environment and the progress made toward "stealthing" antennas and equipment. City of Tustin Wireless MasterPlan Study Proposed Design Considerations Design Considerations In evaluating the identified locations, each of the proposed wireless facilities designs were based the appropriateness to the particular property and the surround environment. This approach seeks to balance designing wireless communication facilities that blend with its surroundings while still providing the necessary locations to provide the needed radio coverage. ATS Communications reviewed each of the targeted City -owned locations proposed for wireless communications facilities. The following pages show the sites along with a brief description as to the suitability of the site based on City staff input and ATS Communications personnel evaluation. 70 City of Tustin Wireless MasterPlan Study Proposed Design Considerations Cedar Grove Park The monopine is an example of a proposed wireless facility that might be considered by the City for Cedar Grove Park. Each site will be evaluated by the City during the design review process for the appropriate application that corresponds to the size and uses on the site and impacts on adjacent property. Before After 71 City of Tustin Wireless MasterPlan Study Proposed Design Considerations Camino Real Park The monopine is an example of a proposed wireless facility that might be considered by the City for Camino Real Park. Other applications may be more appropriate. Each site will be evaluated by the City during the design review process for the appropriate application that corresponds to the size and uses on the site and impacts on adjacent property. Before After 72 City of Tustin Wireless Master Plan Study Tustin Sports Park Before After Proposed Design Considerations The flush mounted panel antennas are an example of proposed wireless facilities that might be considered in Tustin Sports Park. As stated on page 76, each site will be evaluated by the City during the design review process for the appropriate application that corresponds to the size and uses on the site and impacts on adjacent property. 73 City of Tustin Wireless Master Plan Study Implementation WMP Approval Process If' dementation Once the City's agencies review and refine the WMP, it is presented to the Planning Commission and City Council for review and approval. Upon approval, the WMP enters its full implementation phase. One of the plan's stated goals is to streamline the City's process for wireless communications facility development. Currently, representatives of the carrier visit the subject site to prepare the submittal application for the city. Once this application is prepared and submitted, the staff compiles their response, including recommendations and/or requests for modifications. The information in the WMP allows the City to control the approval process with the wireless companies and specify criteria for location and design. Promotion & Marketing ATS will take the lead in promoting the City -owned sites depicted within the master plan to the various wireless carriers. As the Wireless Industry continues to evolve, there will be the need to periodically update the WMP. ATS will present this list of City -owned properties to the wireless service providers for their consideration of potential candidates for their future builds. This WMP will be used as a tool to market these properties to the Carriers. Each of the Carriers uses subcontractors to continue the development of their networks. Often these subcontractors come and go. Therefore, a continuous marketing effort is needed to ensure this WMP is implemented and additional City -owned properties are considered for future Master Plan updates. Representatives from the various wireless service providers will use the City's WMP as a guide and submit their proposals in accordance with the City's Zoning Ordinance Section 17.28.070, Antennas on City property for projects subject to the WMP. Application Process The process for permit applications meeting the pre -approved design concepts for City properties indentified in the WMP is as follows: • Applicant consults with Planning Staff for conceptual review of project and determination of appropriate permit application. Additional information regarding permit requirements for antennas on City property can be found in the Municipal Code. • Applicant submits required permit application (City Antenna Permit (CAP) or Conditional Use Permit (CUP), application fees, and appropriate exhibits to Community Development Department. In lieu of the application fee, the Planning Division may establish a deposit 74 City of Tustin Wireless Master Plan Study Implementation account from the applicant to cover the actual cost of staff time to review and analyze the City Antenna Permit application. • Application is reviewed for completeness and identification of issues. • If application is complete, processing begins. Application is then reviewed by all appropriate departments and comments are provided to the applicant. If not complete, application is returned to applicant for resubmission at later date. • The Planning Commission's Design Review Subcommittee shall consider and provide comments on staffs review, analysis and recommendation. • CEQA review is performed by Planning Department (once application is complete). Thirty (30) day review period is provided for comments on environmental documentation, if applicable. • Based upon comments from reviewing departments and Design Review Subcommittee, a recommendation is made to approve with conditions or deny the requested project permit. Refer to the Municipal Code for findings required prior to approval. • Applications consistent with the pre -approved design concepts for City properties indentified in the WMP shall be considered by the City Manager for approval (with conditions) or denial. Project applications not consistent with the pre -approved design concepts for City properties indentified in the WMP shall be considered by the Planning Commission for approval (with conditions) or denial. • Once all applicable appeal periods have expired and no appeals have been filed, or the appeals have been resolved, the applicant may apply for other permits or licenses. • Lease agreement for applicant use of City property is drafted by City Staff. • City Council review and approval/denial of lease agreement. Site Development Process The next step after marketing the proposed properties to the carrier involves inspecting the site and developing the plans for the build, if the carrier continues to hold an interest in that location. ATS works with the Site Acquisitions personnel from the wireless company and assists them in the feasibility and due diligence process. The Site Acquisition Specialist works on a package to present to the wireless carrier, which is referred to as Site Candidate Information Package, SCIP. Other tasks of ATS during the development process include scheduling and facilitating meetings with the City, communicating with the carrier's RF engineers, and negotiating the terms of the lease on behalf on the City. After the affirmative decision to proceed with a site is concluded the carrier will have site plans and equipment plans drawn up for review by the parties involved. This is formally completed with the documentation of a building application to the City. ATS will review the application 75 City of Tustin Wireless MasterPlan Study Implementation from the carrier for its completion after it is submitted to the City. The application will then go through the standard process review by the City and its departments. Being that the City has control over the execution of the lease as well as the issuance of permits, these steps can be completed simultaneously. There is a concentrated effort by all parties towards the procurement of an executed lease. The due diligence that takes place at this time, which can differ slightly by each carrier, includes ordering a Preliminary Title Report which documents the legal description of the property, receiving a Letter of Intent, and creating a draft lease for review and revisions by the all involved parties. There are a number of items that all parties involved should be aware of when signing the lease. Before this time the lessee and lessor should be acquainted with each other in order to determine that the contract that will be completed without breech. The lease agreement should define the uses of the land; these terms are broadly stated due to the changes in technology and site capacity issues. The rental amount is the greatest variable during negotiations, typically an amount between $1,800 and $2,400 can be received for use of a site, but it varies based on access to alternative sites, current market rates, and geographic locations. The term of the lease is of concern to the carrier and the City for opposing reasons, but should only be considered by the client if the term exceeds 20 years. Other information that should be careful reviewed and negotiated is yearly rent adjustments, access and improvements to the property, and termination. Expiration of Architectural Elements and Design Standards Wireless facilities have gone through many changes over the last few years. The size of antennas, height necessary for transmission, concealment and other attributes of the operational aspects of the industry have changed. The design and size of equipment will continue to change over the next few years. Taking this into consideration, the design standards discussed and recommended in this document are the most recent concepts offered to date. It is anticipated that this document will evolve over time as the wireless industry changes and that new concepts and design standards will be incorporated as well. In addition, as the demand for more services taking more bandwidth evolves, the design of each wireless carrier's network will change too. The number of cell sites, the height for the antennas, the related equipment and network characteristics will all change. A review of the current "stealthing" technology will occur on an on-going basis. ATS will provide supplemental updates to the WMP every six months or when sufficient changes in technology warrant a change in the WMP. The radio frequency engineering will be updated every 18-24 months based on the new sites deployed throughout the City and the City's property. 76 City of Tustin Wireless MasterPlan Study License Agreement Suggested License Agreement COMMUNICATIONS SITE LICENSE AGREEMENT This License Agreement is made this _ day of 20_ by and between the City of Tustin (hereinafter ""City"), and (hereinafter "Licensee"). 1. GRANT OF LICENSE. City hereby grants a license to Licensee for the purpose of installing and maintaining certain communications equipment consisting of antenna support structure, cable runs, and associated equipment ("Licensee's facilities") together with the non-exclusive right for ingress and egress from and to the nearest public right-of-way, seven (7) days a week, twenty-four (24) hours a day, subject to any restrictions stated herein, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along a twelve (12') foot wide right-of-way extending from the nearest public right-of-way, Licensee shall be responsible for installing and maintaining access as required by the City, subject to the limitations set forth in this agreement on that certain real property (the "Premises") owned by City, and more particularly described as follows: 2. TERM. The term of this License Agreement shall be for a term of years commencing upon the date herein above written. 3. LICENSE FEE AND SECURITY DEPOSIT. Licensee shall pay a monthly license fee of $ per month payable to the City of Tustin on the first of each month. The licensee fee shall commence upon the issuance of a building permit, or sixty (60) days after the effective date of the Agreement, whichever occurs first. If the monthly fee is not paid within fifteen (15) days after the due date, and provided Licensee has complied with all applicable notice and cure provisions herein, Licensee agrees to pay a late charge of ten percent (10%) of the then -current monthly fee. Monthly fee amounts attributable to partial months shall be prorated on a daily basis. Monthly fees and deposits shall be made payable to the City of Tustin, c/o Licensee shall post a non-refundable deposit equal to the license fee for three (3) months at the time of the City Council's approval of the Agreement. This non-refundable deposit shall be retained by the City even if the Licensee fails to commence construction of the facility. 4. ANNUAL RENTAL INCREASES. Monthly payments shall be subject to an annual rental increase of four percent (4%) per year, to be increased on each anniversary of the effective date of this Agreement year for the initial term of the agreement (which should not exceed ten or fifteen years). Any succeeding term needs to go through the re-evaluation of value suggested in comments to Section 5 below. 5. LICENSE AGREEMENT EXTENSIONS. This License Agreement may be extended by the City Manager or the City Manager's designee at its discretion upon terms and conditions mutually agreeable to the parties to this Agreement. Licensee shall have the option of extending this license for _ period(s) for terms of _ years. The monthly licensee fee shall be the greater of the then market value for comparable fees for wireless facilities as may be reasonably determined by the City Manager or the City Manager's designee or the existing licensee fee as adjusted on an annual basis as described in Section 4 of this license. 6. GOVERNMENTAL APPROVALS. It is understood and agreed that Licensee's ability to use the Premises is contingent upon its obtaining all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required to comply with Federal and State Building and Safety Codes including but not limited to the California Building Code and International 77 City of Tustin Wireless MasterPlan Study License Agreement Construction Codes, and City zoning and building codes as appropriate, including any applicable discretionary land use permits such as site plan or use permit requirements. The Licensee may be required by the City to provide other information in the planning process such as site plans, design concepts and photo simulations of the structural plans. Licensee shall have the right (but not the obligation) to enter the Premises for the purpose of making necessary inspections and engineering surveys (and soil tests where applicable) and other reasonably necessary tests (collectively "Tests") to determine the suitability of the Premises for Licensee's Facilities and for the purpose of preparing for the construction of Licensee's facilities. In the event that any of such applications for such Governmental Approvals should not be approved or any Governmental Approval issued to Licensee is canceled, expires, lapses, or is otherwise withdrawn or terminated by the governmental authority are found to be unsatisfactory so that Licensee will be unable to use the Premises for its intended purposes, Licensee and agents representing the Licensee shall have the right to terminate this Agreement. Notice of Licensee's exercise of its right to terminate shall be given to City in writing by personal service, or first class mail, and if mailed, shall be effective upon the mailing of such notice by Licensee. All monthly licensee fees including security deposit paid prior to said termination date shall be retained by the City. Upon such termination, this Agreement shall become null and void and all the Parties shall have no further obligations, including the payment of money, to each other. 7. LICENSEE'S USE OF PREMISES. Following City's approval of Licensee's facilities plans and specifications, Licensee may use the Premises for mobile/wireless communications services, including transmission and reception of radio communication signals on various frequencies providing there is no conflict with the -primary purpose of the City -owned property or City communication activities including, but not limited to, emergency service responders serving the City (e.g., the City's Police communication system, the Orange County Fire Authority communication system, and other emergency communication systems). Accordingly, Licensee shall have the responsibility to construct, maintain, install, repair, and operate on the Premises radio communications facilities, including but not limited to, radio frequency transmitting and receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas and supporting structures and improvements. Notwithstanding the foregoing, once the initial improvements are installed, Licensee shall, as is necessary, replace, substitute, upgrade and expand its equipment, cables and antennas which comprise Licensee's Facilities in the repair and upgrading the physical structure or communications capabilities of the facilities, so long as the equipment, cables or antennas remain within the original physical parameters of the Premises and are consistent with City approved building permit plans and specifications. Licensee with be responsible for notifying the City as described in this Section prior to entering the premises. Licensee shall be responsible for the cost of any and all damage to City -owned property including but not limited to turf, concrete and/or asphalt, buildings and/or apprentices caused by Licensee regardless of negligence. The City at its discretion may require Licensee to repair and/or replace said damages or contract for said services and invoice Licensee. Licensee invoices must be paid within thirty (30) days of receipt of the invoice from the City. Invoices not paid within thirty (30) days of receipt will be subject to a interest cost of 1.50% per month on the outstanding balance. The Security Deposit shall not be used by the Licensee as a repair reserve fund. Licensee shall install any warning signs on or about the Premises required by federal, state or local law, subject to prior notice to and consent of City, which consent shall not be unreasonably withheld. Licensee shall provide notification to the City five (5) days prior to any work on the Licensee's Facilities conducted by the Licensee or its agents. Said work and work hours are subject to approval by the City. Any work or repair of an emergency nature will require the Licensee to provide notification by telephone the City of Tustin, Police Department's Watch Commander at 714.573.3200. Licensee in providing regular maintenance to the facility shall provide twenty-four (24) hour notice to the City prior to commencing any maintenance that would interfere with the use of City facilities or scheduled events. Said maintenance and work hours shall be subject to review and approval by the City. 78 City of Tustin Wireless MasterPlan Study License Agreement 8. INDEMNITY. To the maximum extent permitted by law, Licensee shall defend, with counsel acceptable to Licensor, indemnify, and save harmless Licensor and its officers, employees, and agents from, and shall pay all costs, expenses and reasonable attorney's fees for all trial and appellate levels and post judgment proceedings in connection with, any and all claims and demands, actions, proceedings, losses, liens, costs and judgments of any kind and nature whatsoever, including expenses incurred in defending against legal actions, for death or injury to persons or damage to property and for civil fines and penalties to the extent arising out of the occupation or use of the Premises by Licensee, its employees, agents, servants, guests, invitees, contractors, or sublessees, including the following: a. Any dangerous, hazardous, unsafe or defective condition, in or on the Premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the Premises by Licensee, its officers, agents, employees, sublessees, licensees or invitees from commencement of the term of the License; b. Any operation conducted upon or any use or occupation of the Premises by Licensee, its officers, agents, employees, sublessees, licensees or invitees under or pursuant to the provisions of this License or otherwise; c. Any act, omission, or negligence of Licensee its officers, agents, employees; d. The loss of, or damage to any property of Licensee by theft or otherwise; e. Any failure of Licensee, its officers, agents, employees or sublessees to comply with the terms or conditions of this License or any applicable federal, state, regional or municipal law, ordinance, rule or regulation related to the use or occupancy of the Premises. 9. INSURANCE. Licensee shall provide, or cause its member(s) or contractor(s) to provide, and maintain at its own expense during the term of the work the following insurance covering all work under this License. Such insurance shall be provided with insurers authorized to do insurance business in the State of California, with a rating of at least A, VII or better or A-, X (if offered by a surplus line carrier) according to the latest Best's Key Rating Guide, except that the City will accept Workers Compensation Insurance rated B -VIII or better or from the State Compensation Fund. Evidence of such insurance in the form of Certificates and signed Insurer Endorsements shall be delivered to the Licensor prior to commencing with work. The signed Insurer Endorsements (or a copy of the policy binder, if applicable) shall specifically identify the work and shall provide that (1) said insurance shall not be cancelled, except if Licensor is given at least thirty (30) days advance written notice of any cancellation or termination of insurance; (2) commercial general liability insurance shall be primary to and not contributing with any other insurance maintained by Licensor, and shall name Licensee and any subcontractors, the City and any related entity of the City, as appropriate, as additional insureds, and shall provide that all losses shall be payable notwithstanding any act or failure to act or negligence of Licensor, or any other person; (3) shall contain a provision that the insurer waives any right of subrogation against the City insured parties which may arise by reason of any payments made under a policy; and (4) if Licensee is self insured for Workers Compensation, Licensee shall submit to Licensor a copy of its certification of self insurance. All insurance shall be maintained on an occurrence basis and shall include the following: a. Commercial General Liability Insurance. Commercial general liability and property damage insurance covering the Premises, including automobile liability insurance, contractual, broad form property damage, and bodily injury or death, with a combined single limit of not less than $1,000,000 per occurrence with respect to personal injury or death, and $1,000,000 per occurrence with respect to property damage. b. Workers' Compensation Insurance. To the extent that Licensee has employees, workers' compensation insurance in an amount and form meeting all applicable requirements of the California Labor Code, covering all employees of Licensee and all risks to such persons. 79 City of Tustin Wireless MasterPlan Study License Agreement C. Deductibles. All insurance limits shall be without deduction, provided that the City may permit a deductible amount in those costs where, in its judgment, such a deduction is justified. d. Subcontractors. Licensee shall include all of its subcontractors as insured under its policies or shall furnish separate certificates and endorsements for insurance maintained by each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. e. Verification of Coverage. The insurer endorsements required herein are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before Licensee execution of the Agreement. f. Vehicle Insurance. Licensee shall maintain sufficient automobile liability insurance on any vehicle accessing the Licensed premises and such insurance shall be in the amount of $1,000,000 per accident for bodily injury and property damage. 10. CITY'S USE OF PREMISES. Notwithstanding this grant of License right to Licensee, City shall have the right to conduct City Business on the Premises. Nothing in the Agreement shall impair or impact the ability of the City or the public to use any area adjacent or near the Premises for any lawful purpose. "City Business" shall include, but not be limited to the following: maintenance, landscaping, construction, concessionaires, and City sponsored events, located on or near the Premises, so long as the City Business does not interfere with or impair the operation of Licensee's Facilities. 11. MISCELLANEOUS LICENSEE RESPONSIBILITIES. A. Licensee shall comply with all present and future laws, orders and regulations relating to Maximum Permissible Exposure ("MPE") and other related health issues directly applicable to its operation of Licensee's Facilities, as well as the American National Standards Institute (ANSI) standards. Without limiting the provisions of Licensee's indemnity contained herein, Licensee, on behalf of itself and its successors and assigns, shall indemnify City, its officials, officers, and employees from and against all claims of personal injuries due to violation of MPE to the extent such personal injuries are actually caused by Licensee's Facilities on the Premises. B. Licensee shall maintain its Facilities and shall make all repairs to the Premises necessitated to keep the Premises clean, safe, and a condition that approximates the initially installed Facilities including landscaping and exterior finishes. City may require Licensee to make repairs to and/or replace damaged equipment of Licensee's Facilities and/or any parts thereto regardless of fault (including but not limited to damage caused by vandalism or acts of god not later than one (1) week after said damage is reported to Licensee, except for damage cause by City, its employees, agents, contractors or volunteers. This time period may be extended with written authorization from the City. In the event such authorization is not given and repairs are not made in one week, City may cause such repairs to be made including making said repairs and/or hiring a contractor to make said repairs. City may charge Licensee for the cost of said services. Damage caused by graffiti shall be removed within forty-eight (48) hours notification to Licensee by City. If said graffiti is not removed within the 48-hour period, City may remove said graffiti and bill Licensee for the cost of services. C. Licensee is responsible for all personal property taxes assessed directly against its property including equipment. D. Licensee shall obtain, at its expense, utilities for the operation of its Facilities. Licensee will install a separate meter for the measurement of its power and will pay for utilities used by the Licensee. E. Licensee shall not interfere or cause to interfere with activities on adjacent City -owned sites including sports activities and cultural events. Licensee shall notice the City pursuant to Section 7 of this Agreement regarding maintenance, repair and installation work. City of Tustin Wireless MasterPlan Study License Agreement 12. EMERGENCY USE OF SITE. In cases of emergency, Licensee shall make available to the City police, fire and emergency services a location for City's communication equipment on Licensee's facilities at no cost to City. The City is responsible for maintaining its own equipment. The space to be made available will not create interference with Licensee's communications operations. The City entities will be afforded 24- hour access to its equipment at the Premises. In addition, the City will be provided "power backup" by Licensee at the Premises. 13. INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and' understandings between the City and Licensee and that no verbal or oral agreements, promises or understandings shall be binding upon either the City or Licensee in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the Parties. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, either in law or in equity. 14. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of California, with venue in Orange County. 15. ATTORNEYS' FEES. The substantially prevailing party in any legal action or lawsuit arising hereunder shall be entitled to its reasonable attorneys' fees and court costs, including appeals, if any. 16. ASSIGNMENT. Licensee shall not assign, transfer or sub -let any right or interest in this Agreement without written approval of the City Manager or the City_Manager's designee, which such approval shall not be unreasonably be withheld provided, however, that Licensee may assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor -in -interest or entity acquiring more than fifty percent (50%) of its stock or assets, subject to any financing entity's interest, if any, in this License. Upon assignment, Licensee shall be relieved of all future performance, liabilities, and obligations under this License Agreement, provided that the assignee assumes all of Licensee's obligations herein. 17. NOTICES. Any notice required to be given under this Agreement may be provided by personal service or first class mail, postage prepaid, as follows: To City: City Manager City of Tustin To Licensee: 81 City of Tustin Wireless MasterPlan Study License Agreement 18. DEFAULT. In the event there is a default by Licensee respect to any of the provisions of this Agreement or its obligations under it, including the payment of the monthly license fee, the City shall give the defaulting party written notice of such default. After receipt of such written notice, the Licensee shall have ten (10) days in which to cure any monetary default and thirty (30) days in which to cure any non -monetary default. The City, at its sole discretion, will grant an extension of time on the cure period if the nature of the cure is such that it reasonably requires more than thirty (30) days and the Licensee commences to cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion to the satisfaction of the City. If the City commences an action against the Licensee arising out of or in connection with this Agreement, the City, if found to be the prevailing party shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of suit. 19. LICENSEE'S COMPLIANCE WITH ENVIRONMENTAL LAWS. A. Licensee shall not bring any Hazardous Materials onto the Premises, except for those contained in its back-up power batteries and common materials used in telecommunications operations. "Hazardous Materials" shall mean any substance, chemical or waste identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation, including petroleum and asbestos. Licensee will treat and dispose of any Hazardous Materials brought onto the Premises/Property by it in accordance with all federal, state and local laws and regulations. B. Licensee will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Premises. 20. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired within sixty (60) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt Licensee's operations at the Premises for more than sixty (60) days, then Licensee may at any time following such fire or other casualty, provided City has not commenced -the restoration required to permit Licensee to resume its operation at the Premises, terminate this Agreement upon twenty (20) days written notice to the City. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. If Licensee decides not to terminate this Agreement, Rent shall be abated proportionally to the reduction of use. 21. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement, which require performance subsequent to the termination, or expiration of this Agreement shall also survive such termination or expiration. 22. TERMINATION. A. Compelled Termination. If, during the license term, there is a determination made pursuant to an unappealable order of a county, state, or national governmental health agency having proper jurisdiction over Licensee's operations that Licensee's use of the Premises poses a human health hazard which cannot be remedied and that Licensee must cease all operations on the Premises, then Licensee shall immediately cease all operations on the Premises and this Agreement shall terminate as of the date of such order. In the event the Federal Communications Commission, or any successor agency, makes a determination which is final and non -appealable or which is affirmed and becomes final after the exhaustion of all available appeals concluding that Licensee's use as set forth in this Agreement presents a material risk to the public health or safety and that Licensee must cease all operations on the Premises, City may terminate this Agreement upon fourteen (14) days notice to Licensee. 82 City of Tustin Wireless MasterPlan Study License Agreement B. Termination by Licensee. Licensee may terminate this Agreement by notice to City if (i) Licensee does not obtain all permits, consents, easements, non -disturbance agreements or other approvals (collectively "approval") reasonably desired by Licensee or required from any. governmental authority or any third party related to or reasonably necessary to operate, install, maintain, replace, or remove Licensee's Facilities, or if any such approval is canceled, expires or is withdrawn or terminated without any fault of Licensee, or (ii) the Property or Licensee's Facilities are, or become, unacceptable under Licensee's design or engineering specifications for Licensee's Facilities or the communications system to which Licensee's Facilities belong, so long as Licensee pays City a termination fee equal to six (6) months rent or (iii) Licensee fails to cure a default. Upon termination, all prepaid rent shall be retained by City. C. Termination by City. City may terminate this Agreement if Licensee fails to: 1) perform any of its obligations pursuant to this Agreement and the City has followed the default provisions in Section 18 or 2) Licensee has failed to obtain required permits for operating the facilities or 3) the City and Licensee fail to agreement upon a Relocation Site in accord with Section 23 of this Agreement. City may terminate this Agreement upon fourteen (14) days notice to Licensee. 23. RELOCATION RIGHT. A. Anytime after the expiration of the original term, the City shall have the right to relocate Licensee's Facilities to alternate space; to be performed by Licensee or its agents, at the Licensee's sole cost, to be done in accordance with subsections B and C below. Upon relocation of Licensee's Facilities, the access and utility rights-of-way will be relocated as required, in the sole discretion of City, to operate and maintain Licensee's Facilities. Any relocation of the Licensee's facilities shall be consistent the California Public Utilities Code Section 7901 and other sections of the Public Utilities Code as applicable. B. City shall exercise its relocation right under subsection A above by (and only by) delivering written notice (the "Notice") to Licensee. In the Notice, City shall propose an alternate site within or on the Property to which Licensee may relocate Licensee's Facilities. Licensee shall have sixty (60) days from the date it receives the Notice to evaluate City's proposed relocation site, during which period Licensee shall have the right to conduct tests to determine the technological feasibility of the proposed relocation site. If Licensee fails to approve of such proposed relocation site in writing within the sixty-day period, Licensee shall be deemed to have disapproved such proposed relocation site. If Licensee disapproves such relocation site, then City may thereafter propose another relocation site by Notice to Licensee in the manner set forth above. If the City and Licensee fail to find an alternative site for relocation within twelve (12) months of the Notice being delivered by the City, the License shall be terminated pursuant Section 22, Termination. Licensee shall have a period of not more than twelve (12) months after execution of a written agreement between the parties concerning the location and dimensions of the Relocation Site to relocate Licensee's Facilities to the Relocation Site. Upon relocation of Licensee's Facilities to the Relocation Site, all references to the Premises herein shall be deemed to be references to the Relocation Site. City and Licensee agree that the Relocation Site (including the access and utility right of way) may be surveyed by a licensed surveyor at the sole cost of Licensee, and such survey will then replace Exhibit "B" and become a part hereof and will control or describe the Premises. Except as expressly provided, City and Licensee hereby agree that in no event will the relocation of Licensee's Facilities, or any part thereof, under subsection A above, affect, alter, modify or otherwise change any of the terms and conditions of this Agreement. 24. CONDITION OF PREMISES AT TIME OF TERMINATION. Upon termination of this Agreement, Licensee shall within thirty (30) days remove all of its facilities and all personal property and restore the licensed premises, as defined in this Agreement, to a condition satisfactory to the City. City acknowledges that all of the equipment and personal property of Licensee shall remain the personal property of Licensee and shall not be deemed fixtures, and Licensee shall have the right to remove such facilities. City may, at its sole discretion, agree to provide reasonable additional time to remove facilities. In such event, Licensee shall pay the monthly license fee as adjusted upward by one -hundred percent 83 City of Tustin Wireless MasterPlan Study License Agreement (100%) until such time as the facilities and personal property are removed. In the event, the Licensee fails to remove the facilities and personal property as requested by the City, the City may remove the facilities and personal property at the cost of the Licensee. 25. NON-INTERFERENCE WITH PUBLIC COMMUNICATIONS SYSTEMS. A. Non -Interference with Public Safety Communication Systems: Before activating Licensee's facility, the Licensee shall submit to a post -installation test to confirm that the "planning and frequency coordination" of the facility was successful in not interfering with the City of Tustin's Public and Safety radio equipment. The test will be conducted by the Communications Division of the Orange County Sheriff -Coroner Department or a Division -approved contractor at the expense of the applicant. This post -installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the "frequency planning" process has been met. Licensee shall provide a 24-hour phone number to which interference problems may be reported. To ensure continuity on all interference issues the name, telephone number, fax number, and e-mail address of a "single point of contact" in its Engineering and Maintenance Departments shall be provided to the City's designated representative upon activation of the facility." B. Notes to be Added to Licensee's Submitted Plans: "Licensee recognizes that the frequencies used by the wireless facility located at are close to the frequencies used the City of by Tustin for public safety. This proximity will require extraordinary "comprehensive advanced planning and frequency coordination" engineering measures to prevent interference, especially in the choice of frequencies and radio ancillary hardware. This is encouraged in the "Best Practices Guide" published by the Association of Public -Safety Communication Officials -International, Inc. (APCO) and as endorsed by the Federal Communications Commission (FCC). Prior to the issuance of any permits to install the facility, Licensee shall meet in good faith to coordinate the use of frequencies and equipment with the Communications Division of the Orange County Sheriff -Coroner Department to minimize, to the greatest extent possible, any interference with the Public Safety 800 MHz countywide Coordinated Communications System (CCCS). Similar consideration shall be given to any other existing or proposed wireless communications facility that may be located on the subject property. The Licensee shall provide a 24-hour phone number to which interference problems may be reported. To ensure continuity on all interference issues the name, telephone number, fax number, and e-mail address of a "single point of contact" in its Engineering and Maintenance Departments shall be provided to the City's designated representative upon activation of the facility." 26. MISCELLANEOUS PROVISIONS. A. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and each party shall indemnify the other fully, including reasonable costs and attorney's fees, for any injuries or damages incurred in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. B. City shall have the right to inspect Licensee's facilities by providing at least 24 hours advance notice to Licensee, except in cases of emergency. C. To the extent any possessory interest taxes are imposed with respect to the use of the Premises herein, Licensee shall have the sole responsibility to pay such taxes. D. Time is of the essence with respect to any act to be performed under this Agreement. 84 City of Tustin Wireless MasterPlan Study License Agreement IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: By: City Clerk APPROVED AS TO FORM: By: City Attorney LICENSEE: By: CITY OF TUSTIN By: Mayor 85 City of Tustin Wireless MasterPlan Study Site Application Wireless Communication Facility Site Application WIRELESS TELECOMMUNICATION APPLICATION Required for all New/ Existing Wireless Telecommunication Facilities The purpose of this form is to ensure that the goals and objectives outlined in the City's Wireless Master Plan Study dated April 2007 will be met with each submitted project. Specifically, this form shall be used to ensure each application for installation of or modification to wireless communication infrastructure within the City demonstrates that reasonable design and site location alternatives have been explored and evidence of such is presented to the approving authority prior to the final tower, location, and design being approved. An application shall not be deemed complete nor processed until the entire application is submitted in full and accepted by the City staff. Any requisite Public Hearing will be scheduled only after acceptance of the application as complete. Location: Proposed Cell Carrier: Existing Cell Carrier(s): New Build: Property Owner: Cell Site Design: Modified Build: Height: Material: Color: Antenna Diameter: Height of adjacent building, structures, and trees: Parabolic/ Microwave dish (Y/N): Aesthetic mitigation measures: City of Tustin Wireless MasterPlan Study Site Application Proposed site co -locatable (Y/N): Describe site access to antennas: Alternative cell site design(s): Explain: Explain why the proposed design is preferred over the alternative design: Equipment: Location of the proposed equipment (and existing equipment, if applicable): Size: Enclosure material: Square Feet: Interior/ Exterior: Proposed screening material: Site access to equipment: Aesthetic mitigation measures: Applicant Signature Tony Ingegneri ATS Communications Height of enclosure: Date Date City of Tustin Wireless MasterPlan Study Existing Inventory Appendix "A" Inventory of Wireless Communications Facilities Table 1 Pae Site # Address Carrier Type of build 100 TUS-01 36 Auto Center Dr. Nextel Monopole 101 TUS-02 14861 Franklin Ave. Nextel Monopalm 102 TUS-03 114711 Sinclair Circle Sprint PCS Monopalm 103 TUS-04 14451 Myford Road T -Mobile Monopole 104 TUS-05 2721 Michelle Dr Verizon Monopole 105 TUS-06 2631 Michelle Dr. AT&T Monopole 106 TUS-07 12850 Robinson Dr. AT&T Light Standard 107 TUS-08 12850 Robinson Dr. T -Mobile Light Standard 108 TUS-09 112850 Robinson Dr. PCS Light Standard 109 TUS-10 1452 Edinger Ave. -Sprint T -Mobile Roof Mount - Stealth 110 TUS-11 1452 Edinger Ave. Nextel Roof Mount 111 TUS-12 15201 Woodlawn Ave. Sprint PCS Monopine 112 TUS-13 15201 Woodlawn Ave. Metro PCS Monopine 113 TUS-14 320 W.6th St. AT&T Monopole 114 TUS-15 600 W. 6th St. T -Mobile Monopole 115 TUS-16 550 W. 6th St. Nextel Monopalm 116 TUS-17 18231 Irvine Blvd. Nextel Roof Mount - Stealth 117 TUS-18 18062 Irvine Blvd. T -Mobile Roof Mount 118 TUS-19 1171 EI Camino Real Verizon Monopole 119 TUS-20 11450 EI Camino Real T -Mobile Sign Mount - Stealth 120 TUS-21 17821 17th St. T -Mobile Roof Mount - Stealth 121 TUS-22 17821 17th St. Sprint PCS Roof Mount - Stealth 122 TUS-23 12711 Newport Ave. Metro PCS Roof Mount - Stealth 123 TUS-24 730 EI Camino Way Sprint PCS Roof Mount - Stealth 124 TUS-25 1900 W. 1st St. Sprint PCS Sign Mount - Stealth 125 TUS-26 13931 Carroll Way T -Mobile Fa ade Mount 126 TUS-27 13931 Carroll Way Verizon Roof Mount 127 TUS-28 14081 Yorba St. AT&T Roof Mount - Stealth 128 TUS-29 17592 17th St. Nextel Roof Mount - Stealth 129 TUS-30 11671 EI Camino Real Sprint PCS Key Inn Tower - Stealth 130 TUS-31 3097 Edinger Ave. T -Mobile Clock Tower - Stealth 131 TUS-32 3057 Edinger Ave. AT&T Roof Mount - Stealth 132 TUS-33 1421 Edinger Ave. AT&T Roof Mount - Stealth 133 TUS-34 15101 Red Hill Ave. Verizon Roof Mount - Stealth 134 TUS-35 11010 Jamboree Road Verizon Light Standard 135 TUS-36 10200 Pioneer Road T -Mobile Light Standard 136 TUS-37 113814 Red Hill Ave AT&T jMonopole 137 TUS-38 115991 Red Hill Ave. INextel IRoof Mount -Stealth City of Tustin Wireless MasterPlan Study Existing Inventory 138 TUS-39 14642 Newport Ave. T -Mobile Fa ade Mount 225 W. Main St. Metro PCS Pending App 3057 Edinger Ave. Metro PCS Pending App Jamboree Rd. & Portola Pkwy. Verizon Pending App 11385 Pioneer Road Metro PCS Pending App 300 Centennial Way Verizon Pending App 14712 Prospect Ave. Verizon Pending App FIR City of Tustin Wireless MasterPlan Study Existing Inventory 36 Auto Center Dr. Site View Last Update: January 2008 Site Name: Peters Canyon Site Number: TUS-01 Coordinates: Lat:33.725895 RAD Height: Long: -117.802942 Coord. System: ■ NAD83 Site Address: 36 Auto Center Drive Tustin, CA. 92782 Site County: Orange Property Type: Commercial Elevation: 79' (AMSL) Structure Ht: 50' (AGL) Tower Type: Monopole Existing Carrier: Nextel RAD Height: 50' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view 0 City of Tustin Wireless Master Plan Study 14861 Franklin Ave. Site View Existinq Invento Last Update: February 2008 Site Name: Public Storage Site Number: TUS-02 Coordinates: Lat:33.713128 Elevation: Long: -117.812478 Coord. System: ■ NAD83 Site Address: 14861 Franklin Avenue Existing Carrier: Nextel Tustin, CA. 92780 Site County: Orange Property Type: Storage Facility Elevation: 55' (AMSL) Structure Ht: 50' (AGL) Tower Type: Monopalm Existing Carrier: Nextel RAD Height: 50' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view 91 City of Tustin Wireless MasterPlan Study Existing Inventory 14711 Sinclair Road Site View Last Update: January 2008 Site Name: Ario Site Number: TUS-03 Coordinates: Lat:33.713726 Long: -117.806585 Coord. System: ■ NAD83 Site Address: 14711 Sinclair Circle Tustin, CA. 92780 Site County: Orange Property Type: Commercial Elevation: 62' (AMSL) Structure Ht: 50' (AGL) Tower Type: Monopalm Existing Carrier: Sprint PCS RAD Height: 50' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view 92 City of Tustin Wireless MasterPlan Study Existing Inventory 14451 Myford Road Site View Last Update: January 2008 Site Name: AT&T III Site Number: TUS-04 Coordinates: Lat:33.716614 Long: -117.803462 Coord. System: ■ NAD83 Site Address: 14451 Myford Road Tustin, CA. 92780 Site County: Orange Property Type: Commercial Elevation: 66' (AMSL) Structure Ht: 40' (AGL) Tower Type: Monopole Existing Carrier: T -Mobile RAD Height: 40' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view 93 City of Tustin Wireless Master Plan Study 2721 Michelle Dr. WOR Existinq Invento Last Update: January 2008 Site Name: Allied Site Number: TUS-05 Coordinates: Lat:33.720571 Long: -117.799499 Coord. System: ■ NAD83 Site Address: 2721 Michelle Drive Tustin, CA. 92780 Site County: Orange Property Type: Commercial Elevation: 72' (AMSL) Structure Ht: 50' (AGL) Tower Type: Monopole Existing Carrier: Verizon Wireless RAD Height: 50' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view 94 City of Tustin Wireless Master Plan Study 2631 Michelle Drive Existing Inve Last Update: January 2008 Site Name: Storage Site Number: TUS-06 Coordinates: Lat:33.722214 Long: -117.800213 Coord. System: ■ NAD83 Site Address: 2631 Michelle Drive Tustin, CA. 92780 Site County: Orange Property Type: Commercial Elevation: 74' (AMSL) Structure Ht: 50' (AGL) Tower Type: Monopole Existing Carrier: AT&T Wireless RAD Height: 50' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view OR City of Tustin Wireless MasterPlan Study Existing Inventory 12850 Robinson Drive I Site View Last Update: January2008 Site Name: Robinson Park I Site Number: TUS-07 Coordinates: Lat:33.733467 Long: -117.783698 Coord. System: ■ NAD83 Site Address: 12850 Robinson Drive Tustin, CA. 92782 Site County: Orange Property Type: Park Elevation: 138' (AMSL) Structure Ht: 60' (AGL) Tower Type: Light Standard Existing Carrier: AT&T Wireless RAD Height: 50' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view 110100 City of Tustin Wireless MasterPlan Study Existing Inventory 12850 Robinson Drive II Site View Last Update: January 2008 Site Name: Robinson II Site Number: TUS-08 Coordinates: Lat:33.73354 Structure Ht: Long: -117.784241 Coord. System: ■ NAD83 Site Address: 12850 Robinson Drive 50' Tustin, CA. 92782 Site County: Orange Property Type: Park Elevation: 137' (AMSL) Structure Ht: 60' (AGL) Tower Type: Light Standard Existing Carrier: T -Mobile RAD Height: 50' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view City of Tustin Wireless MasterPlan Study Existing Inventory 12850 Robinson Park 111 Last Update: January 2008 Site Name: Robinson Park III Site Number: TUS-09 Coordinates: Lat:33.73354 Long: -117.784241 Coord. System: ■ NAD83 Site Address: 12850 Robinson Drive Tustin, CA. 92782 Site County: Orange Property Type: Park Elevation: 137' (AMSL) Structure Ht: 60' (AGL) Tower Type: Light Standard Existing Carrier: Sprint PCS RAD Height: 50' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view City of Tustin Wireless MasterPlan Study Existing Inventory 1452 Edinger Ave. I . -147� Last Update: January 2008 Site Name: AT&T I Site Number: TUS-10 Coordinates: Lat:33.721093 Property Type: Long: -117.829661 Coord. System: ■ NAD83 Site Address: 1452 Edinger Avenue Tower Type: Tustin, CA. 92780 Site County: Orange Property Type: AT&T Elevation: 72' (AMSL) Structure Ht: 40' (AGL) Tower Type: Roof Mount - Stealth Existing Carrier: T -Mobile RAD Height: 40' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view City of Tustin Wireless Master Plan Study 1452 Edinger Ave II Site View Existinq Inve Last Update: January 2008 Site Name: AT&T II Site Number: TUS-11 Coordinates: Lat:33.721093 RAD Height: Long: -117.829661 Coord. System: ■ NAD83 Site Address: 1452 Edinger Avenue Tustin, CA. 92780 Site County: Orange Property Type: AT&T Elevation: 72' (AMSL) Structure Ht: 40' (AGL) Tower Type: Roof Mount Existing Carrier: Nextel RAD Height: 40' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view 100 City of Tustin Wireless Master Plan Study 15201 Woodlawn Ave I Site View Existina Inve Last Update: January 2008 Site Name: Woodlawn I Site Number: TUS-12 Coordinates: Lat:33.720899 Long: -117.833503 Coord. System: ■ NAD83 Site Address: 15201 Woodlawn Avenue Tustin, CA. 92780 Site County: Orange Property Type: Business Park Elevation: 70' (AMSL) Structure Ht: 40' (AGL) Tower Type: Monopine Existing Carrier: Sprint PCS RAD Height: 40' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view 101 City of Tustin Wireless Master Plan Study 15201 Woodlawn Ave II Site View Existing Inve Last Update: January 2008 Site Name: Woodlawn II Site Number: TUS-13 Coordinates: Lat:33.720899 Long: -117.833503 Coord. System: ■ NAD83 Site Address: 15201 Woodlawn Avenue Tustin, CA. 92780 Site County: Orange Property Type: Business Park Elevation: 70' (AMSL) Structure Ht: 40' (AGL) Tower Type: Monopine Existing Carrier: Metro PCS RAD Height: 35' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view 102 City of Tustin Wireless Master Plan Study 320 W. 6th St. Site View Existing Invento Last Update: January 2008 Site Name: 320 W. 6th Site Number: TUS-14 Coordinates: Lat:33.739637 Long: -117.826517 Coord. System: ■ NAD83 Site Address: 320 W. 6`h Street Tustin. CA. 92780 Site County: Orange Property Type: Commercial Elevation: 102' (AMSL) Structure Ht: 40' (AGL) Tower Type: Monopole Existing Carrier: AT&T Wireless RAD Height: 40' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view 103 City of Tustin Wireless MasterPlan Study Existing Inventory 600 W. 6th Street Site View Last Update: January 2008 Site Name: Larry Johnson Site Number: TUS-15 Coordinates: Lat:33.740052 Long: -117.830881 Coord. System: ■ NAD83 Site Address: 600 W. 6th Street Tustin, CA. 92780 Site County: Orange Property Type: Church Elevation: 105' (AMSL) Structure Ht: 50' (AGL) Tower Type: Monopole Existing Carrier: T -Mobile RAD Height: 50' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view 104 City of Tustin Wireless MasterPlan Study Existing Inventory 550 W. 6t" Street Site View Last Update: January 2008 Site Name: Tustin Self Storage Site Number: TUS-16 Coordinates: Lat:33.739181 Long: -117.828601 Coord. System: ■ NAD83 Site Address: 550 W. 6t" Street Tustin, CA. 92780 Site County: Orange Property Type: Storage Facility Elevation: 103' (AMSL) Structure Ht: 55' (AGL) Tower Type: Monopalm Existing Carrier: Nextel RAD Height: 55' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view 105 City of Tustin Wireless Master Plan Study 18231 Irvine Blvd Site View Existina Invento Last Update: January 2008 Site Name: 18231 Irvine Blvd Site Number: TUS-17 Coordinates: Lat:33.748585 Long: -117.814764 Coord. System: ■ NAD83 Site Address: 18231 Irvine Boulevard Tustin, CA. 92780 Site County: Orange Property Type: Commercial Elevation: 133' (AMSL) Structure Ht: 40' (AGL) Tower Type: Roof Mount - Stealth Existing Carrier: Nextel RAD Height: 40' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view 1011 City of Tustin Wireless Master Plan Study 18062 Irvine Blvd Site View Existina Invento Last Update: January 2008 Site Name: 18062 Irvine Blvd Site Number: TUS-18 Coordinates: Lat:33.748135 Property Type: Long: -117.817464 Coord. System: ■ NAD83 Site Address: 18062 Irvine Boulevard Tower Type: Tustin, CA. 92780 Site County: Orange Property Type: Commercial Elevation: 122' (AMSL) Structure Ht: 40' (AGL) Tower Type: Roof Mount Existing Carrier: T -Mobile RAD Height: 40' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view 107 City of Tustin Wireless Master Plan Study 1171 EI Camino Real Site View Existina Inve Last Update: January 2008 Site Name: Tustin High School Site Number: TUS-19 Coordinates: Lat:33.735547 Long: -117.814733 Coord. System: ■ NAD83 Site Address: 1171 EI Camino Real Tustin, CA. 92780 Site County: Orange Property Type: School Elevation: 98' (AMSL) Structure Ht: 50' (AGL) Tower Type: Monopole Existing Carrier: Verizon Wireless RAD Height: 50' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view City of Tustin Wireless MasterPlan Study Existing Inventory 1450 EI Camino Real Last Update: January 2008 Site Name: Subway Site Number: TUS-20 Coordinates: Lat:33.734618 Long: -117.815857 Coord. System: ■ NAD83 Site Address: 1450 EI Camino Real Tustin, CA. 92780 Site County: Orange Property Type: Commercial Elevation: 111' (AMSL) Structure Ht: 50' (AGL) Tower Type: Sign Mount - Stealth Existing Carrier: T -Mobile RAD Height: 50' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view 109 City of Tustin Wireless Master Plan Study 17821 17th St. I Existina Invento Last Update: January 2008 Site Name: Pacific West I Site Number: TUS-21 Coordinates: Lat:33.760428 Long: -117.821555 Coord. System: ■ NAD83 Site Address: 17821 17th Street Tustin, CA. 92780 Site County: Orange Property Type: Commercial Elevation: 179' (AMSL) Structure Ht: 35' (AGL) Tower Type: Roof Mount - Stealth Existing Carrier: T -Mobile RAD Height: 35' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view City of Tustin Wireless Master Plan Study 17821 17th St. II Site View Existing Inve Last Update: January 2008 Site Name: Pacific West II Site Number: TUS-22 Coordinates: Lat:33.760428 Long: -117.821555 Coord. System: ■ NAD83 Site Address: 17821 17'h Street Tustin, CA. 92780 Site County: Orange Property Type: Commercial Elevation: 179' (AMSL) Structure Ht: 35' (AGL) Tower Type: Roof Mount - Stealth Existing Carrier: Sprint PCS RAD Height: 35' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view 111 City of Tustin Wireless Master Plan Study 12711 Newport Ave. Site View y s Existing Inve Last Update: February 2008 Site Name: 12711 Newport Site Number: TUS-23 Coordinates: Lat:33.752578 Long: -117.808273 Coord. System: ■ NAD83 Site Address: 12711 Newport Avenue Tustin, CA. 92780 Site County: Orange Property Type: Commercial Elevation: 164' (AMSL) Structure Ht: 35' (AGL) Tower Type: Roof Mount - Stealth Existing Carrier: Metro PCS RAD Height: 35' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view 112 City of Tustin Wireless Master Plan Study 730 EI Camino Way Site View Existing Inve Last Update: January 2008 Site Name: 730 EI Camino Way Site Number: TUS-24 Coordinates: Lat:33.738035 Long: -117.824027 Coord. System: ■ NAD83 Site Address: 730 EI Camino Way Tustin, CA. 92780 Site County: Orange Property Type: Commercial Elevation: 121' (AMSL) Structure Ht: 35' (AGL) Tower Type: Roof Mount - Stealth Existing Carrier: Sprint PCS RAD Height: 35' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view 113 City of Tustin Wireless Master Plan Study 900 W. 1" Street Site View Existing Invento Last Update: January 2008 Site Name: 900 W. 1st Site Number: TUS-25 Coordinates: Lat:33.745501 Property Type: Long: -117.833849 Coord. System: ■ NAD83 Site Address: 900 W. 1" Street Tower Type: Tustin, CA. 92780 Site County: Orange Property Type: Commercial Elevation: 135' (AMSL) Structure Ht: 70' (AGL) Tower Type: Sign Mount - Stealth Existing Carrier: Sprint PCS RAD Height: 70' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view 114 City of Tustin Wireless Master Plan Study 13931 Carroll Way Site View Existina Invento Last Update: January 2008 Site Name: Jewelry Mart I Site Number: TUS-26 Coordinates: Lat:33.760964 Long: -117.830293 Coord. System: ■ NAD83 Site Address: 13931 Carroll Way Tustin, CA. 92780 Site County: Orange Property Type: Commercial Elevation: 168' (AMSL) Structure Ht: 35' (AGL) Tower Type: Facade Mount Existing Carrier: T -Mobile RAD Height: 35' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view 115 City of Tustin Wireless Master Plan Study 13931 Carroll Way Site View Li Existina I Last Update: January 2008 Site Name: Jewelry Mart II Site Number: TUS-27 Coordinates: Lat:33.760964 Long: -117.830293 Coord. System: ■ NAD83 Site Address: 13931 Carroll Way Tustin, CA. 92780 Site County: Orange Property Type: Commercial Elevation: 168' (AMSL) Structure Ht: 35' (AGL) Tower Type: Roof Mount Existing Carrier: Verizon Wireless RAD Height: 35' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view 116 City of Tustin Wireless Master Plan 14081 Yorba Street Site View Existinq Invento Last Update: January 2008 Site Name: Allan Site Number: TUS-28 Coordinates: Lat:33.758282 Long: -117.830152 Coord. System: ■ NAD83 Site Address: 14081 Yorba Street Tustin, CA. 92780 Site County: Orange Property Type: Commercial Elevation: 164' (AMSL) Structure Ht: 35' (AGL) Tower Type: Roof Mount - Stealth Existing Carrier: AT&T RAD Height: 35' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view 117 City of Tustin Wireless Master Plan Study 1759217 Ih Street Site View Existing Invento Last Update: January 2008 Site Name: Fidelity Site Number: TUS-29 Coordinates: Lat:33.758475 Structure Ht: Long: -117.825396 Coord. System: ■ NAD83 Site Address: 1759217 th Street RAD Height: Tustin, CA. 92780 Site County: Orange Property Type: Commercial Elevation: 169' (AMSL) Structure Ht: 45' (AG L) Tower Type: Roof Mount - Stealth Existing Carrier: Nextel RAD Height: 45' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view 118 City of Tustin Wireless Master Plan 1671 EI Camino Real Site View Existina Invento Last Update: January 2008 Site Name: Key Inn Site Number: TUS-30 Coordinates: Lat:33.732442 Tower Type: Long: -117.812678 Coord. System: ■ NAD83 Site Address: 1671 EI Camino Real Line of Sight: Tustin, CA. 92780 Site County: Orange Property Type: Motel Elevation: 102' (AMSL) Structure Ht: 40' (AGL) Tower Type: Key Inn Tower - Stealth Existing Carrier: Sprint PCS RAD Height: 40' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view 119 City of Tustin Wireless Master Plan Study 3097 Edinger Ave. Site View Existina Invento Last Update: January 2008 Site Name: Just Tires Site Number: TUS-31 Coordinates: Lat:33.705542 Long: -117.80562 Coord. System: ■ NAD83 Site Address: 3097 Edinger Avenue Tustin, CA. 92780 Site County: Orange Property Type: Commercial Elevation: 55' (AMSL) Structure Ht: 50' (AGL) Tower Type: Clock Tower - Stealth Existing Carrier: T -Mobile RAD Height: 50" Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view 120 City of Tustin Wireless Master Plan Study 3057 Edinger Ave. Site View Existing Invento Last Update: January 2008 Site Name: 3057 Edinger Site Number: TUS-32 Coordinates: Lat:33.706318 Long: -117.806229 Coord. System: ■ NAD83 Site Address: 3057 Edinger Avenue Tustin, CA. 92780 Site County: Orange Property Type: Commercial Elevation: 55' (AMSL) Structure Ht: 45' (AGL) Tower Type: Roof Mount - Stealth Existing Carrier: AT&T WIRELESS RAD Height: 45' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view 121 City of Tustin Wireless MasterPlan Study Existing Inventory 1421 Edinger Ave. Site View Last Update: January 2008 Site Name: 1421 Edinger 7W Site Number: TUS-33 Coordinates: Lat:33.722865 Long: -117.828194 Coord. System: ■ NAD83 Site Address: 1421 Edinger Avenue Tustin, CA. 92780 Site County: Orange Property Type: Business Park Elevation: 83' (AMSL) yfis Kmr Structure Ht: 50' (AGL) r Tower Type: Roof Mount - Stealth Existing Carrier: AT&T Wireless RAD Height: 50' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view 122 City of Tustin Wireless Master Plan Study 15101 Red Hill Ave. Site View Existina Inve Last Update: January 2008 Site Name: 15101 Red Hill Site Number: TUS-34 Coordinates: Lat:33.720016 Long: -117.829569 Coord. System: ■ NAD83 Site Address: 15101 Red Hill Avenue Tustin, CA. 92780 Site County: Orange Property Type: Commercial Elevation: 78' (AMSL) Structure Ht: 40' (AGL) Tower Type: Roof Mount - Stealth Existing Carrier: Metro PCS RAD Height: 40' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view 123 City of Tustin Wireless Master Plan Study 11010 Jamboree Road Existinq I Last Update: January 2008 Site Name: OC Fire Site Number: TUS-35 Coordinates: Lat:33.748772 Long: -117.766802 Coord. System: ■ NAD83 Site Address: 11010 Jamboree Road Tustin, CA. 92780 Site County: Orange Property Type: Right of Way Elevation: 272' (AMSL) Structure Ht: 25' (AGL) Tower Type: Light Standard Existing Carrier: Verizon Wireless RAD Height: 25' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view 124 City of Tustin Wireless Master Plan Study 10200 Pioneer Road Site View Existing Invento Last Update: January 2008 Site Name: Salvation Army Site Number: TUS-36 Coordinates: Lat:33.765491 Long: -117.760513 Coord. System: ■ NAD83 Site Address: 10200 Pioneer Road Tustin, CA. 92782 Site County: Orange Property Type: Salvation Army/Church Elevation: 468' (AMSL) Structure Ht: 20' (AGL) Tower Type: Light Standard Existing Carrier: T -Mobile RAD Height: 20' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view 125 City of Tustin Wireless MasterPlan Study Existing Inventory 13814 Red Hill Ave. Site View Last Update: January 2008 Site Name: 13814 Red Hill Site Number: TUS-37 Coordinates: Lat:33.735141 Long: -117.812009 Coord. System: ■ NAD83 Site Address: 13814 Red Hill Avenue Tustin, CA. 92780 Site County: Orange Property Type: Commercial Elevation: 105' (AMSL) Structure Ht: 50' (AGL) Tower Type: Monopole Existing Carrier: AT&T Wireless RAD Height: 50' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view 126 City of Tustin Wireless MasterPlan Study Existing Inventory 15991 Red Hill Ave. Site View Last Update: January 2008 Site Name: 15991 Red Hill Site Number: TUS-38 Coordinates: Lat:33.712093 Long: -117.837773 Coord. System: ■ NAD83 Site Address: 15991 Red Hill Avenue Tustin, CA. 92780 Site County: Orange Property Type: Business Park Elevation: 64' (AMSL) Structure Ht: 40' (AGL) Tower Type: Roof Mount - Stealth Existing Carrier: Nextel RAD Height: 40' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view 127 City of Tustin Wireless Master Plan Study 14642 Newport Ave. Site View "A v„ a° Existina Inve Last Update: January 2008 Site Name: Tustin Medical Center Site Number: TUS-39 Coordinates: Lat:33.730127 Long: -117.829502 Coord. System: ■ NAD83 Site Address: 14642 Newport Avenue Tustin, CA. 92780 Site County: Orange Property Type: Medical Center Elevation: 100' (AMSL) Structure Ht: 35' (AGL) Tower Type: Facade Mount Existing Carrier: T -Mobile RAD Height: 35' Line of Sight: Yes — 360 degrees Connectivity: Telco — Pac Bell Aerial view 128 City of Tustin Wireless MasterPlan Study Appendix "B" Appendix "B" Glossary Above Means Sea Level (AMSL) — refers to the elevation (on the ground) or altitude (in the air) of any object relative to the average sea level datum. This measurement is used extensively in radio, broadcasting, aviation, and telecommunications by engineers to determine the coverage area a station will be able to reach. Antenna - a device for transmitting and receiving radiofrequency (RF) signals. Often camouflaged on existing buildings, trees, water towers or other tall structures, the size and shape of antennas are generally determined by the frequency of the signal they manage. Base station - the central radio transmitter/receiver that communicates with mobile telephones within a given range (typically a cell site). Bluetooth - a technological standard (a communications protocol) that enables mobile devices equipped with a special chip to send and receive information wirelessly. Broadband - a transmission facility having a bandwidth (capacity) sufficient to carry multiple voice, video or data channels simultaneously. Broadband is generally equated with the delivery of increased speeds and advanced capabilities. Carrier - a service provider or operator; a communications company that provides customers service for their wireless phones. Cell - the basic geographic unit of wireless coverage. A region is divided into smaller "cells," each equipped with a low -powered radio transmitter/receiver. The radio frequencies assigned to one cell can be limited to the boundaries of that cell. As a wireless call moves from one cell to another, a computer at the Mobile Telephone Switching Office (MTSO) monitors the call and at the proper time, transfers the phone call to the new cell and new radio frequency. The handoff is performed so quickly that it's not noticeable to the callers. Cellular network — a radio network made up of a number of cells served by a fixed transmitter — a cell site or a base station. Cell site - the location where a wireless antenna and network communications equipment is placed in order to provide wireless service in a geographic area. Cell splitting - a means of increasing the capacity of a wireless system by subdividing one cell into two or more smaller cells. Competitive Local Exchange Carrier (CLEC) — a telecommunication provider company that competes with other established carriers, generally the incumbent local exchange carrier (ILEC). 129 City of Tustin Wireless MasterPlan Study Appendix T" Code Division Multiple Access (CDMA) - a technology used to transmit wireless calls by assigning them codes to a range of channels. The codes allow numerous calls to travel on the same frequency and guides calls to the correct receiving phone. Co-location - placement of multiple antennas at a cell site location Commercial Mobile Radio Service Providers (CMRS) - an FCC designation for any wireless carrier or license owner whose wireless service is connected to the public switched telephone network and/or is operated for profit. DSL - a digital line connecting the subscriber's terminal to the serving company's central office, providing multiple communications channels able to carry both voice and data communications simultaneously. Dual Band - a wireless handset that works on more than one spectrum frequency, e.g., in the 800 MHz frequency and 1900 MHz frequency bands. Frequency Division Multiple Access (FDMA) — access technology that is used by radio systems to share spectrum by allocating individual frequencies for each signal within the band Global System for Mobile communications (GSM) — the most popular standard for mobile phones; also referenced as a cellular network, which connects mobile phones to cell sites in a vicinity. GSM networks operate in four different frequency ranges — 850 MHz, 900 MHz, 1800 MHz, and 1900 MHz. Handoff - the process of when a wireless network automatically switches a mobile call to an adjacent cell site. !DEN - a specialized mobile technology that combines two-way radio, telephone, text messaging and data transmission into one digital network, giving user access to information on a single device. Incumbent Local Exchange Carrier (ILEC) - a local telephone company that was in existence at the time of the break up of AT&T into the Regional Bell Operating Companies. Interconnection - connecting one wireless network to another, such as linking a wireless carrier's network with a local telephone company's network. Local Area Network (LAN) - a small data network covering a limited area, such as a building or group of buildings. Most LANs connect workstations or personal computers, allowing users to share devices, such as printers and data. Megahertz - a unit of frequency equal to one million hertz or cycles per second. Wireless mobile communications within the United States generally occur in the 800 MHz, 900MHz and 1900MHz spectrum frequency bands. Mobile phone — a short range, portable device used for voice or data communication over a network of specialized base stations 130 City of Tustin Wireless MasterPlan Study Appendix "B" Mobile Telephone Switching Office (MTSO) — a computer that monitors a mobile phone call transfers the phone call to the new cell and radio frequency when the call can no longer be handled by a distance cell. Multimedia Messaging Service (MMS) — an extension of the SMS standard; allows for longer messages and multimedia objects, such as images, audio, video, and rich text, to be sent. Personal Communication Services (PCS) - a broad family of wireless services, commonly viewed as including two-way digital voice, messaging and data services. POPS - refers to the number of people in a specific area where wireless services are available (the population). Radio Frequency — a frequency or rate of oscillation within the range of 3Hz to 300 GHz Reception — the action of an electronic receiver; a signal Roaming — a fundamental of mobility management procedures which allows for cellular customers to access cellular services outside their home network geographical coverage area Short Message Service (SMS) — a communication protocol allowing the interchange of short text messages between mobile telecommunication devices Smart phone - wireless phones with advanced data features and often keyboards. Spectrum allocation - process where the federal government designates frequencies for specific uses, such as personal communications services and public safety. Spectrum assignment - Federal government authorization for the use of specific frequencies within a given spectrum allocation, usually in a specific geographic location. Mobile communications assignments are granted to both private users and commercial providers. Subscriber Identity Module (SIM card) — a microchip that stores the phone configuration data by the use of a unique numerical identifier Telecommunication Act of 1996 - the first major overhaul of the US telecommunications law in 62 years, approved on January 3, 1996. The Act created deregulation and new regulation. Third -Generation (3G) - a general term that refers to technologies which offer increased capacity and capabilities delivered over digital wireless networks. Voice over Internet Protocol (VoIP) - technology capable of delivering voice and accommodating two-way video conferencing and application over internet protocol Voice recognition - the capability for wireless phones, computers and other devices to be activated and controlled by voice commands. 131 City of Tustin Wireless MasterPlan Study Appendix "B" Wide Area Network (WAN) - refers to a large network spanning a country or around the world, the Internet or a PCS network WI -Max - a wireless technology based on the standard providing metropolitan area network connectivity for fixed wireless access at broadband speeds. Wireless Fidelity (WiFi) - provides wireless connectivity over unlicensed spectrum to local area connectivity to WiFi-enabled computers, generally in the 2.4 and 5 GHz radio bands. Wireless communications — the transfer of information over a distance with electromagnetic waves rather than electrical conductors or "wires"; a branch of telecommunications. Wireless Internet - using wireless services to access the Internet, e-mail and/or the World Wide Web. Wireless Local Area Network (WLAN) - using radio frequency (RF) technology to transmit and receive data wirelessly in a small area without physically connecting each computer with cords or wires. 132 Vi 0 4-d u u c� CL u me i .O LU Ln c� Ln m mo CL > O E 0 .O rz L) O O CL N 4-J cu CL O ra 4-J U O L2 LA u O CL 3: aj ce 11 0 0 c C: O . O E E :.�O O cn v� vi vi vi v� M 4-J.F 4-J J 4-J 4-J 4-J 4-J M — vn .61cn 4 -JO > > > > > > 4-+ a.J 4-J a.J -1-a a.., a -J 111 N :4-J 4-J cu y— s 4-J�_ �- o 4-a �_ a 4 -JN ° 0 i . _ fz i Q. f— I �1 _ c' V) z > � M W ,-; L/) U 0 d 0 0 O C AL C O co V O J ma a� a .0 m V) c cn .7 a� O AL , cn • ce �. CLn Q • , uniio.• M�E �. Lys /�_) • • V M cn 4-0 V4-0 E U pO — 4-J O 4-J s 4-J 4-J u c� • cn . > N 04> S�> � 4-, .N CL V © E c — X O : �' O ct� 0 Al Ak . 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Z .2 > 9 > to u s Q z cz 7z ce a0; Z > > > <> ag z r- oo In f4 N N zA z u U U U NOV U U U U Ut-i ti U "i U C6 U 06 U IUU as G. tn 'i ci C4 r4 14 eq cl 3: -1 CO) afn C4 M X 00 0 2m= o Ft Ln r—A e -i M ri P -i CA 96 M M tp 'o W) M00 M CA U N M AU A UA AA A 40 to u u u use U w w cc• Q CA Of) Ma N,;a > z 4; > na z tin 00*0 M 00 *0 M fn O Attachment C Orange County Sheriff -Coroner Office Letter SllER7FFv, SHERIFF-( 0RONER DEII,kR 'titt?N 1' cot N rY OF ORANGE CA11AFORNI,% 1 300 MHz Countywide Coordinated Communications System GOVERNANCE COMMITTEE CHAIRMAN, Allan L Roeder Gty Manager Gty of Costa Mesa Vacant VICE-CHAIRMAN. Rick Dostat Executive D,rector Sherrf's Department David Ream C,ty Manager City of Santa Ana William A. Huston Coy Manager City of r ,btln Rob arson Ass,stant Ignacio G. Ochoa. PE D,rector of Road and Pod ()CtPhpUc Works Agency`EO ','arty Execu;ve Cffce August 11, 2010 William A Huston, City Manager City of Tustin 300 Centennial Way Tustin, CA 92780 Dear Mr. Huston: RECEIVED A003 16 2010 COMMUNITY DEVELOPMENT BUILDING DIVISION On November 6, 2001, our committee sent your city an advisory letter containing a recommended list of "Wireless Communications Facilities Permit Approval Conditions." The list of conditions was designed for your consideration whenever issuing conditional use permits for wireless communications facilities. At that time cellular interference was severely impacting the 800 MHz Countywide Coordinated Communications System (CCCS). A sample of the letter and conditions is attached. Now, nine years later, the need for the recommended conditions has been significantly reduced. This is because of new technology, changes in federal law and the national Rebanding project. On the recommendation of OCSD/Communications, the 800 MHz Countywide Coordinated Communications System Governance Committee repealed the recommended list of approval conditions during its July 22, 2010 meeting. please advise your planning staff that there is no further need to adhere to the recommended approval conditions. Also, please advise your planning staff that OCSD/Communications will no longer review proposed cellular facilities or interference test constructed facilities. OCSD/Communications stilt does not recommend the placement of wireless facilities near police stations, fire stations, public works yards or public safety dispatch centers. Technical questions concerning cellular impact to the 800 MHz CCCS should be directed to Joe Saddler at (714) 704-7937. Sincerely, Allan L. Roeder, Chairman 800 MHz Governance Committee Cc: Robin Vaughn, City of Tustin OCSO/COMMUNICATIONS. 840 N. ECKHOFF ST., STE 104, ORANGE CA 92868-1021 Tustin City Code Sections 7260 ♦.: 9272 and City Council Resolution 01-95 ARTICLE 7 - PUBLIC FACILITIES CHAPTER 2 - STREETS AND HIGHWAYS PART 6 - DESIGN REVIEW OF ABOVEGROUND UTILITY FACILITIES ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT-OF-WAY PART 6 - DESIGN REVIEW OF ABOVEGROUND UTILITY FACILITIES ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT-OF-WAY 7260 - PURPOSE AND FINDINGS 7261 -LEASE AGREEMENT REQUIRED 7262 - DESIGN REVIEW REQUIRED 7263 - APPLICATION FOR DESIGN REVIEW 7264 - DESIGN REVIEW PROCESS 7265 - APPEALS 7266 - TERM/ABANDONMENT 7260 - PURPOSE AND FINDINGS The purpose of this Part 6 is to maintain a safe and aesthetically pleasing environment in the public right-of-way and on City -owned properties by regulating the location, color, screening, and other aspects of aboveground utility facilities. Aboveground utility facilities come in a variety of forms that include, but are not limited to, cables, wires, conduits, ducts, pedestals, and antennae to transmit, receive, distribute, provide, or offer utility services. Their accessory equipment typically is contained in enclosures, cabinets, artificial rocks, or boxes to house a variety of uses such as controls for signals, electronics, and wiring for cable television and telecommunications, or power sources. Often these facilities are located aboveground on existing structures such as utility or light poles and have the tendency to proliferate to ensure user coverage. Such proliferation can result in visual clutter, blocking visibility to signs and other structures, preventing access for the disabled, distracting motorists travelling along the right-of-way, and creating noise. Reasonable regulations for locating the aboveground utility facilities and their accessory equipment are necessary to promote the health and aesthetic welfare of the people of Tustin. Reasonable compensation for permitting private use of public property and the public right-of-way is also necessary to offset the right-of-way maintenance costs. (Ord. No. 1232, Sec. 2, 12-3-01) 7261 - LEASE AGREEMENT REQUIRED No person shall place, construct, install, own, control, operate, manage, maintain, or use any aboveground utility facilities and their accessory equipment in, above, beneath, or across any public property, exclusive of the public right-of-way, without first obtaining a Lease Agreement or License in accordance with the Design Guidelines, Franchises and Right -of -Way Agreements for telecommunication facilities in the public right-of-way are governed by State and Federal regulations and pertinent provisions of Chapter 7 of Article 7 of the Tustin City Code. (Ord. No, 1232, Sec. 2, 12-3-01) Page 1 of 3 Tustin, California, Code of Ordinances ARTICLE 7 - PUBLIC FACILITIES CHAPTER 2 - STREETS AND HIGHWAYS PART 6 - DESIGN REVIEW OF ABOVEGROUND UTILITY FACILITIES ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT-OF-WAY 7262 - DESIGN REVIEW REQUIRED No person shall place, construct, install, own, control, operate, manage, maintain, or use any aboveground Utility facilities and their accessory equipment without compliance with the Design Review requirements in Tustin City Code Section 9272 and with this Part 6. This requirement applies to existing and future franchisees and any other person who wishes to locate replacement or new aboveground utility facilities and their accessory equipment on public property and in the public right-of-way. Aboveground utility facilities located within Redevelopment Project areas shall be consistent with the respective redevelopment plans, No Design Review approvals or any permits can be issued unless the Redevelopment Agency can make a finding of conformity. Existing aboveground utility facilities and accessory equipment installed prior to the effective date of this ordinance shall not be subject to this requirement. (Ord. No. 1232, Sec. 2,12-3-01) 7263 - APPLICATION FOR DESIGN REVIEW An applicant shall submit a plan of the proposed location of all aboveground utility facilities including their accessory equipment located in cabinets, enclosures, or boxes to the Director of Community Development ("Director"). Information shall also be provided as to the dimensions, proposed colors, screening materials, noise levels, and whether there will be interference with the public radio system anticipated. The applicant shall pay a fee to cover the anticipated staff time to review and process the application as established by the City Council for a Design Review application. (Ord. No. 1232, Sec. 2, 12-3-01) 7264 - DESIGN REVIEW PROCESS Upon the application being found complete by the Director, or designee, the Director or designee shall review the plan (the "Plan") using the criteria set forth in the Design Guidelines for Aboveground Utility Facilities on Public Properties and in the Public Right-of-way adopted by resolution of the City Council. If the utility facilities are to be located within redevelopment areas, then a finding of conformity by the Redevelopment Agency would need to be made prior to the Directors consideration of the Design Review. The Director may conditionally approve or deny the application. Amendments to the Plan shall be reviewed and approved by the Director concurrent with or prior to issuance of an Encroachment Permit, Lease Agreement or License, as provided for in the Design Guidelines, or Right -of -Way Agreement as defined in Chapter 7 of Article 7 of the Tustin City Code. The aboveground utility facilities and their accessory equipment must be installed pursuant to the approved Plan. The noise generated from the aboveground utility facilities, including their accessory equipment, shall comply with the City's noise regulations. (Ord. No. 1232, See. 2, 12-3-01) 7266 - APPEALS Any person may appeal any decision of the Director in accordance with Section 9294 of this Code (Ord. No. 1232, Sec. 2,12-3-01; Ord, No. 1366, Sec. 16, 11-17-09) Page 2 of 3 Tustin, California, Code of Ordinances ARTICLE 7 - PUBLIC FACILITIES CHAPTER 2 - STREETS AND HIGHWAYS PART 6 - DESIGN REVIEW OF ABOVEGROUND UTILITY FACILITIES ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT-OF-WAY (a) An aboveground utility facility is considered abandoned if it no longer provides service. If the use of the facility is discontinued for any reason, the operator shall notify the City of Tustin in writing no later than thirty (30) days after the discontinuation of use. If no notification is provided to the City, the facility shall be deemed discontinued. (b) Aboveground utility facilities, including their accessory equipment, that are no longer being used shall be removed promptly no later than ninety (90) days after the discontinuation of use. Such removal shall be in accordance with proper health and safety requirements. All affected areas shall be restored to their original condition at the operator's expense. (c) The Design Review approval shall remain valid for the term of the Lease Agreement, License, Right -of -Way Agreement, or as long as the Encroachment Permit is valid. If the Lease Agreement, License, Right -of -Way Agreement, or Encroachment Permit is terminated, notice and evidence thereof shall be provided to the Director. Upon termination or expiration of the Lease Agreement, License, Right -of -Way Agreement, or Encroachment Permit, the aboveground utility facilities, including their accessory equipment, shall be removed from the public property or the public right-of-way. (Ord. No. 1232, Sec. 2, 12-3-01) Page 3 of 3 Tustin, California, Code of Ordinances RUN The City Council of the City of Tustin does hereby resolve as follows: The City Council finds and determines as follows: A. That telephorfe, internet, cable, and personal wireless telephone (cellular) servicing the City are expanding and upgrading their services and will require installation of additional equipment such as aboveground accessory equipment, antennas attached to utility poles, street light poles, or other structures on public properties or in the public right-of-way. B. On December 6, 1999, the City Council adopted the Aboveground Cabinets Design Guidelines. These guidelines regulate aboveground cabinets for power supply equipment within the public right-of-way. These guidelines do not regulate utility facilities located aboveground such as antennas attached to utility poles, street light poles, utility towers, or other structures within the public right-of-way. C. Currently, there are no guidelines in place for aboveground utility facilities on public properties such as parks, community facilities, or oth&,tCity-owned properties. New comprehensive guidelines are needed to establish design criteria prior to installation of aboveground utility facilities on public properties or in the public right-of-way. D. That guidelines and development standards are needed to promote and protect the public health, safety, and general welfare and preserve and enhance the quality of the City relating to the orderly development of aboveground utility facilities and their accessory equipment. E. That a public hearing was duly called, noticed, and held by the Planning Commission on September 10, 2001, and the Planning Resolution No. 01-95 Page 2 Commission recommended approval of the Design Guidelines for Aboveground Utility Facilities on Public Properties and in the Public Right -of -Way and Ordinance No. 1232. F. That a public hearing was duly called, noticed, and held by the City Council on October 1, 2001, and continued to October 15, 2001, November 5, 2001, and November 19, 2001. 11. In adopting the Design Guidelines for Aboveground Utility Facilities on Public Property and in the Public Right -of -Way, the City Council finds and determines: ' A. That the guidelines provide standards that mitigate impacts typically associated with installation of aboveground utility facilities and their accessory equipment on public property and in the public right-of- way, including measures to reduce their visual impact. B. That due to the potential for over -concentration and proliferation of aboveground utility facilities, particularly in residential neighborhoods where these facilities are highly visible and thus may impact the visual character of the neighborhood, the criteria established in the guidelines are necessary to promote the welfare of the community. C. That the guidelines require approval of an Encroachment Permit and/or Design Review process which would ensure that aboveground utility facilities and their accessory equipment are developed in an orderly manner with respect to location, size, and screening. D. Traffic signal controller cabinets are exempted because they are different in nature and function and provide essential services. The traffic signal control cabinets by nature must be located where traffic can be controlled at intersections. Irrigation controller cabinets are also exempted because they must be located in close proximity to available power sources. E. That street light poles being used solely to provide illumination are exempted because the nature of the service they provide must be located aboveground and that they provide essential services for the safety of motorists and pedestrians. F. That fair and reasonable compensation shall be secured for permitting private use of public properties by utility providers. -- 9 # a & ImIrtlet:ALF G. That it is appropriate for the City Manager, on behalf of the City Council, to accept discretionary applications for use of public properties and/or public right-of-way. H. That the Director of Community Development should be authorized to approve, approve with conditions, or deny the Design Review application in accordance with the Design Guidelines adopted herein. For projects located within redevelopment project areas, the Redevelopment Agency shall make a finding of conformity to the respective redevelopment plans concurrently or prior to consideration of the Design Review application. No Design Review approvals shall be granted without a finding of conformity by the Redevelopment Agency. 1. A Final Negative Declaration has been prepared and adopted in accordance with the provisions of the California Environmental Quality Act (CEQA). Ill. The City Council hereby amends Resolution No. 99-84 by adopting the Design Guidelines for Aboveground Utility Facilities on Public Properties and in the Public Right -of -Way attached hereto as Exhibit "K to be followed when considering an Encroachment Permit and/or Design Review application for the installation of aboveground utility facilities and their accessory equipment on public properties and in the public right-of-way. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 19 day of November, 2001. 4 MM Tra cy WI -I —orley- Mayor Exhibit A of Resolution No. 01-95 Design Guidelines for Aboveground Utility Facilities on Public Properties and in the Public Right-of-way MOMINIM, DESIGN GUIDELINES FOR ABOVEGROUND UTILITY FACILITIES ON PUBLIC PROPERTIES AND IN THE PUBLIC RIGHT-OF-WAY SECTION 1: PURPOSE AND INTENT The purpose of these guidelines is to implement Part 6 of Chapter 2 of Article 7 of the Tustin City Code (Ordinance No. 1232) and regulate the placement and design of aboveground utility facilities and their accessory equipment in conjunction with any City - permitted use of public properties and public right-of-ways. These guidelines are intended to protect the health, safety, aesthetics, and welfare; and secure fair and reasonable compensation for permitting private use of public property. For purposes of these guidelines, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used indicates otherwise. "Aboveground Accessory Equipment' or "Accessory Equipment" means any aboveground equipment located in enclosures, cabinets, artificial rocks, boxes, or other structures to facilitate the operation of their associated utility facilities. "Aboveground Utility Facility" or "Utility Facilities" means any aboveground public or private plant, equipment, and property including, but not limited to, cables, wires, conduits, ducts, pedestals, antennae, utility poles, 6tFeet light poles-, utility towers, or other structures and their supports, electronics, and other appurtenances used or to be used to transmit, receive, distribute, provide, or offer utility services. This does not include street light poles being used solely for providing illumination, but This -includes facilities W such as personal wireless services as defined in the Telecommunication Act of 1996, 47 U.S.C. § 332(c)(7). "City" means the City of Tustin. "Council" means the City Council of the City of Tustin. "Co -location" means the locating of more than one aboveground utility facility provider on a single structure -mounted, roof -mounted, or ground -mounted utility facility, "Director" means the Community Development Director of the City of Tustin. "Grantee" means a person who has been granted a Lease Agreement or License pursuant to this policy and guidelines. "Interference" means any instances of interference with public safety radio equipment preventing clear radio reception which includes, but is not limited to, static, unwanted signal, and distortion of sounds or reception. Exhibit A of Resolution No. 01-95 Page 2 "Lease Agreement or License" means a contract agreement between the City and a person pursuant to this policy and guidelines. The contract may be in the form of a lease if the City owns a fee interest in the property or in the form of a license if the City has a leasehold interest in the property. "Modification" means an alteration of an existing utility facility that changes its size, location, shape, or color. This is not intended to include replacement of a facility with an identical facility or the repair of the facility. "Person" means and includes, but is not limited to, corporations, companies or associations, firms, partnerships, limited liability companies, and individuals and includes their lessors, trustees, receivers, and successors in interest. "Public property" means any property in which the City of Tustin and/or the City's Redevelopment Agency holds a legal interest, except the public right-of-way. "Public right-of-way" means and includes all public streets, sidewalks, and utility easements now or hereafter owned in fee or easement by the City. "Public Works Director" means the Director of Public Works of the City. "Right-of-way Agreement" means a contract granted to a person pursuant to Chapter 7 of Article 7 of the Tustin City Code as follows: (1) a license in the case of a telecommunications provider that will not serve areas or persons within the City, or (2) a franchise in the case of a telecommunications provider that will serve areas or persons within the City, as it may be amended. "Stealth Facility" means any aboveground utility facility which is disguised to appear as another natural or artificial man-made objects such as trees, clock towers, score boards, etc. that are prevalent in the surrounding environment or which are architecturally integrated into buildings or other concealing structures. "Utility Provider" means and includes any person that proposes to or does own, control, operate, or manage plant, equipment, or any other facility on public property or in the public right-of-way for the provision of an utility service. "Utility Service" means and includes any electrical, gas, heat, water, telephone, pipeline, sewer, or telegraph services or commodity, where the service is performed for, or the commodity delivered to, the public or any portion thereof. SECTION 3: APPLICABILITY These guidelines regulate the installation of new and replacement aboveground utility facilities and their accessory equipment on public properties or in the public right-of- way. Exhibit A of Resolution No. 01-95 Page 3 SECTION 4: PROCESS The City Manager or designee may accept a discretionary application for use of public property and/or public right-of-way for aboveground utility facilities and process the application in accordance with Tustin City Code Section 9272 related to the Design Review process. At the City Manager's sole discretion, a request to submit an application may be denied. Authorization to submit an application does not commit the City to approve the proposed use. Upon the application being found complete by the Community Development Director ("Director") or designee, using the criteria set forth in these guidelines and Tustin City Code Section 9272, the Director may approve, conditionally approve, or deny the application. The Director reserves the right to, or if required will, forward any application to the Planning Commission and/or City Council for consideration and action. For projects located within redevelopment project areas, a finding of conformity to the respective redevelopment plans shall be made concurrently or prior to consideration of the Design Review application. No approvals shall be granted unless the Redevelopment Agency can make a finding of conformity. Upon the approval of the application, the Grantee shall obtain all applicable permits prior to installation of the aboveground utility facilities and their accessory equipment including, but not limited to, Lease, License, Right -of -Way Agreement under Chapter 7 of Article 7 of the Tustin City Code, electrical permit, building permit, Encroachment Permit, owner authorization, and other required permits by the City or any other agencies such as Federal Aviation Administration (FAA), Federal Communication Commission (FCC), Public Utility Commission (PUC), or other County, State or Federal agencies. However, existing franchises or agreements need not be reconsidered by the City Council unless the franchise agreement requires such consideration. a. Design Review approval in accordance with Tustin City Code Section 9272, shall be required prior to the placement, construction, installation, operation, establishment, or modification of any aboveground utility facilities on public property and in the public right-of-way. b. A Design Review application shall be accompanied with a statement to indicate that the utility facilities will not interfere with the public safety radio equipment. If interference occurs after the installation, the utility providers shall take immediate action to eliminate the interference and pay all associated fees for compliance. C. Design Review approval shall remain valid for the term of the Lease Agreement or License and/or Right -of -Way Agreement including any ITN"T 7071711--65 Page 4 extension thereof or as long as the Encroachment Permit is valid. Upon termination or expiration of the Lease Agreement or License, Encroachment Permit, Right -of -Way Agreement or upon the failure of Grantee to build the facility within 180 days of its approval, the Design Review approval for the facility shall become null and void and the facility shall be removed within thirty (30) days from such termination or expiration. d. Design Review approval for aboveground accessory equipment associated with the operation of the utility facilities shall be considered in accordance with the process and criteria as outlined in Section 7 of these guidelines, e. In addition to the information requested in the Development Application Form, the following items shall be required for an aboveground utility facility: 1. A statement providing the reason for the location, design, and height of the proposed aboveground utility facilities; 2. Evidence satisfactory to the City demonstrating location or co - location is infeasible on existing structures, light or utilities poles/towers, and existing sites for reasons of structural support capabilities, safety, available space, or failing to meet service coverage area needs; 3. A photo simulation of the Proposed aboveground utility facility in true scale; 4. A site plan showing the locations of all proposed and existing aboveground utility facilities; 5. A screening plan showing the specific placement of landscaping or any other proposed screening materials to be used to screen the aboveground utility facilities, including the proposed color(s); and, 6. A signed statement that the applicant agrees to allow for co - location of additional aboveground utility facilities on the same structures or within the same site location, or whether such co - location is infeasible, and the reasons for such infeasibility. f. Comprehensive Manual for Aboveground Utility Facilities. 1. A comprehensive manual may be submitted in lieu of a Design Review application for new or replacement aboveground utility facilities that meet each of the requirements of Section 5 of the Design Guidelines. The manual shall contain sufficient information to verify compliance with Section 5. When a project is located within a redevelopment project area, the comprehensive manual submitted to the Community Development Department shall be Exhibit A of Resolution No. 01-95 Page 5 all 11,21 1 st- 9- W*X*1111101121 101*111AM611- Ml� 2. Installation of subsequent aboveground utility facilities in accordance with an approved comprehensive manual shall not be subject to a new Design Review process. SECTION 5: DEVELOPMENT GUIDELINES Aboveground utility facilities on public property and in the public right-of-way shall be placed in accordance with criteria listed below. Aboveground accessory equipment located inside cabinets, enclosures, artificial rocks, boxes, or other structures shall be subject to criteria listed in Section 7 of these guidelines. The following criteria shall apply: a. Location: Aboveground utility facilities on public property and in the public right-of- way shall be placed in locations where there is little or no interference with public use of the properties and the rights or reasonable convenience of property owner's who adjoin the properties, b. Stealth Facility. Except for street light poles being used solely for providing illumination, all other aboveground utility facilities shall be designed as stealth facilities with concealed antennas to be placed within, on, or attached to existing structures such as buildings, utility poles, light poles, utility towers, freestanding signs, score boards, towers, or fencing and shall blend into the surrounding environment or be architecturally integrated. C. Co -location. Aboveground utility facilities shall be co4ocated with existing aboveground utility facilities where possible, Whenever any existing utility facilities are located underground within the public right-of-way, the utility providers with permission to occupy the same public right-of-way shall co4ocate their utility facilities underground. d. Colors. Any part of aboveground utility facilities visible to public view shall have subdued colors and non -reflective materials which blend with surrounding materials and colors and shall be covered with an anti -graffiti material, when appropriate. e. Screening. For building- or structure -mounted facilities, screening shall be compatible with the existing architecture, color, texture, and/or materials of the building or structure. f. Landscaping. When landscape screening is proposed or required, the landscaping shall be compatible with the surrounding landscape area and shall be a type and variety capable of screening the aboveground utility facilities. All landscaping areas shall be adequately maintained which includes, but is not limited to: trimming, mowing, weeding, removal of litter, fertilizing, regular watering, and replacement of fiseased or dead plants. 9. Signs. Any signs attached to aboveground utility facilities shall comply with the City of Tustin Sign Code. h. Accessory Equipment. Accessory equipment associated with the operation of the utility facilities shall be designed, located and be made part of the structures (i.e. as part of the base or support structure) or be located within buildings, enclosures, or cabinets in accordance with Section 7 of these guidelines. i. Required Removal. The City, in accordance with the Lease Agreement or License, Right -of -Way Agreement, or Encroachment Permit, as applicable, reserves the right to require the removal or relocation of any aboveground utility facility when determined to be necessary to protect public health, safety, and welfare by giving ninety (90) days notice, Undergrounding. The City reserves the right to require that all utility facilities, including their accessory equipment, be placed underground when technologically feasible. SECTION 6: DEVELOPMENT STANDARDS Development standards, including height limits for any aboveground utility facility on public property and in the public right-of-way, shall be determined pursuant to the Design Review process. Aboveground accessory equipment for aboveground utility facilities located inside cabinets, enclosures, artificial rocks, boxes, or other structures shall be subject to the following criteria: 7.1 Process a. Replacement Aboveground Accessory Equipment that are the Same Size as Existing Aboveground Accessory Equipment. Installation of replacement aboveground accessory equipment shall be approved in conjunction with issuance of an Encroachment Permit, provided the replacement aboveground accessory equipment is the same size or smaller than the existing aboveground accessory equipment and the aboveground accessory equipment complies with the height requirements set forth in Section 7.3 herein. b, New Aboveground Accessory Equipment or Replacement Aboveground Accessory Equipment that are Larger than Existing Aboveground Accessory Equipment. Exhibit A of Resolution No, 01-95 Page 7 Installation of new aboveground accessory equipment or replacement aboveground accessory equipment that are larger than the existing aboveground accessory equipment may be approved in conjunction with issuance of a concurrent Encroachment PermittDesign Review application, provided that each the following requirements are met: 1 No aboveground accessory equipment may be located adjacent to a front -yard area of a residentially zoned or used property. 2. The aboveground accessory equipment complies with the height requirements set forth in Section 7.3 herein. 3. The aboveground accessory equipment complies with the requirements of the Americans with Disabilities Act. 4. No aboveground accessory equipment may be located in an area that obstructs line of sight at an intersection, driveway, or alley. C. Comprehensive Manual in Lieu of a Design Review. A comprehensive manual may be submitted in lieu of a Design Review application for new or replacement aboveground accessory equipment that meets each of the requirements of Section 7.1(b) above.. The manual shall contain sufficient information to verify compliance with the above requirements such as type and size of the proposed aboveground accessory equipment. When a project is located within redevelopment project areas, the comprehensive manual submitted to the Community Development Department shall be routed to the Redevelopment Agency for finding of conformity to the respective redevelopment plans. Upon approval of the comprehensive manual, the applicant shall obtain an Encroachment Permit. The Community Development and Public Works Departments shall review the Encroachment Permit application. 2. Installation of aboveground accessory equipment in accordance with an approved comprehensive manual shall not be subject to a Design Review process. d. New Aboveground Accessory Equipment or Replacement Aboveground Accessory Equipment that cannot comply with Requirements for Concurrent Encroachment Permit/Design Review [Section 7.1 (b)]. Installation of new aboveground accessory equipment or replacement aboveground accessory equipment that are larger than the existing aboveground accessory equipment and cannot comply with the requirements for a concurrent Encroachment PermitlDesign Review [Section 7.1(b)] require a Design Review prior to issuance of Encroachment Permits. Page 8 e. System Upgrades System upgrades which require substantial installation of new and replacement aboveground accessory equipment shall require Design Review approval prior to issuance of Encroachment Permits when Design Review is required by these guidelines. A comprehensive Master Plan depicting the locations of all new and replacement aboveground accessory equipment shall be submitted concurrently with the Design Review application. 7.2. Development Guidelines Location, size, and screening of proposed aboveground accessory equipment will be considered by the Community Development Department in accordance with the following criteria: a. Location Whenever feasible, accessory equipment should be installed underground. If it is not technologically feasible to install accessory equipment underground, the utility provider shall submit a letter of explanation regarding the hardship associated with or infeasibility of underground installation. One letter may be included in the comprehensive manual described in Section 7.1(c) for all proposed accessory equipment within the manual. 2. When underground installation is not feasible, the following order of preference shall be considered for aboveground installation of accessory equipment of any size: a. Aboveground accessory equipment should be designed as stealth facility. b. Aboveground accessory equipment should be located adjacent to non-residential properties in an area where no modification to the existing right-of-way would be required and existing landscaping is present to screen the accessory equipment. C. Aboveground accessory equipment should be located adjacent to side or rear yards of residential properties, preferably on major streets where no modification to the existing right-of-way would be required and existing landscaping is present to screen the accessory equipment. d. Aboveground accessory equipment should be located as closely as possible to the shared property line between the Exhibit A of Resolution No. 01 -95 Page 9 front yards of residential properties where no sight • driveways would •- obstructed. 3. Consideration shall be given to the number of existing aboveground accessory equipment within a particular area and over - concentration of aboveground accessory equipment shall be avoided. Over -concentration Is defined as more than one (1) aboveground accessory equipment installed adjacent to the same side of a property. If a sufficient distance separation is not technologically feasible: a. Aboveground accessory equipment shall be located as far as possible from existing aboveground accessory equipment; and, b. The accessory equipment owner/installer shall submit a letter of explanation regarding the hardship associated with or unfeasibility of installing the aboveground accessory equipment at a sufficient distance from existing aboveground accessory equipment. 4. Aboveground accessory equipment located in parkway areas should be located at the same distance from the curb as other aboveground accessory equipment along the parkway to create a uniform setback distance and appearance. 5. Aboveground accessory equipment shall not: a. Obstruct line of sight requirements at intersections or driveways; 0 C. Obstruct disabled access along public sidewalks to the extent that a minimum of four (4) feet clear sidewalk would not be maintained; d. Interfere with any existing or proposed improvement projects. 7.3 Height a. The height of any replacement aboveground accessory equipment that are la rger than existing or new aboveground accessory equipment to be located adjacent to the front, side, or rear yards of residentially zoned properties may not exceed the permitted height of fencing as determined at the property line in residentially zoned areas. Exhibit A of Resolution No. 01 -95 Page 10 b. The height of any replacement aboveground accessory equipment thaj) are larger than existing or new aboveground accessory equipment located Jn non-residential areas will be considered on a case-by-case basis. ONE= a. In residentially zoned areas, aboveground accessory equipment shall be enclosed or screened to match or complement surrounding features such as fencing, buildings, or landscaping. The use of a matching accessory equipment color or applied paint, texturing, or faux finishing, or other techniques shall be applied in accordance with manufacturer recommendations. b. The use of crash posts is discouraged. However, if shown to be necessary, the exterior finish of the crash post should be painted the color of the aboveground accessory equipment. C. Access openings shall face away from street frontages whenever feasible. a. Noise emanating from aboveground accessory equipment shall not exceed the City's adopted Noise Ordinance standards. b. The accessory equipment owner/company shall file the accessory equipment identification number, company name, person responsible for maintenance of the accessory equipment, and the phone number with the Public Works Department. This information may be included in the comprehensive manual described in Section 7.1(c) of these guidelines. C. The aboveground accessory equipment shall not bear any signs of advertising devices (other than certification, warning, or other required seals or signage). d. Aboveground accessory equipment shall be constructed or treated with appropriate materials which discourage or repel graffiti and the accessory equipment owner shall be responsible for removing graffiti from accessory equipment within forty-eight (48) hours. Accessory equipment owners shall be responsible for costs associated with any necessary enforcement action related to graffiti removal. e. Any removal of landscaping necessary to install the aboveground accessory equipment shall be replaced with landscaping materials similar in number, type, and size as approved by the Directors of Community Development and Public Works, Landscape materials located in a public parkway shall be maintained by the adjacent property owner and landscape materials located on public properties or in the public right-of- way shall be maintained by the City, unless provided for in a Lease or License Agreement and/or Right-of-way Agreement. Exhibit A of Resolution No. 01-95 Page 11 The utility provider or accessory equipment installing entity shall be responsible for reconstruction of in-kind facilities within the public right-of- way that are damaged or modified during installation of aboveground 2ccessory equipment. g. Prior to Installation, the utility provider shall provide notification to adjacent property owners within a one hundred (100) foot radius indicating the type, location, and size of aboveground accessory equipment that will be installed and the estimated start and ending dates of construction. h. The aboveground accessory equipment shall be constructed of a material that will be rust resistant (i.e. stainless steel, etc.). The utility provider shall be responsible for treating any rust by either repainting or any other method recommended by the manufacturer that eliminates the rust. I An aboveground utility facility and/or its accessory equipment is considered abandoned if it is no longer in service or is in default pursuant to default provisions in any Lease Agreement, License, Right -of -Way Agreement or any other applicable agreements or licenses. A written notice of the determination of abandonment by the City shall be sent or delivered to the Grantee. The Grantee shall have ninety (90) days to remove the facility at the Grantee's sole cost and expense or provide the Community Development Department with evidence that the use has not been discontinued. Such removal shall be in accordance with proper health and safety requirements. If the use of the aboveground utility facility and/or its accessory equipment is discontinued for any reason, the Grantee shall notify the City of Tustin in writing no later than thirty (30) days after the discontinuation of use. Aboveground utility facilities and their accessory equipment that are no longer being used shall be removed within ninety (90) days after the discontinuation of use. Such removal shall be in accordance with health and safety requirements. All disturbed areas shall be restored to original conditions at the Grantee's expense. If the facility is not removed within the required ninety (90) day period, the City shall be entitled to remove the facility at the Grantee's sole cost and expense. The Grantee shall execute such documents of title to convey all right, title, and interest in the abandoned aboveground utility facility and its accessory equipment to the City. SECTION 9: LEASE AGREEMENT OR LICENSE All persons wishing to construct, attach, Install, operate, maintain, or modify a aboveground utility facility and its accessory equipment on public property, exclusive of the public right-of-way, in which the City has ownership, easement, leasehold, or any other possessory interest after approval of a Design Review application shall obtain a Lease Agreement or License and any other approval required under these guidelines. A Lease Agreement or License shall be subject to approval of the City Attorney's office and the City Manager's office as to the specific terms and conditions required, City of Tustin fill STATE OF CALIFORNIA COUNTY OF ORANGE SS CITY OF TUSTIN RESOLUTION NO. 01-95 1, PAMELA STOKER, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, hereby certifies that the whole number of the members of the City Council of the City of Tustin is five; and that the above and foregoing Resolution No. 01- 95 was adopted at a regular meeting of the City Council held on the 19'" day of November, 2001, by the following vote: COUNCILMEMBER AYES: Worley, • Bone, Doyle, Kawashi COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: None I 9272~DESIGN REVIEW a Review Required (1) The City Council finds that and general appearance affects the desirability of the neighborhood and the community as a whole, and impairs the benefits of both potential and existing occupancy of other properties to the detriment of the public health, safety, comfort and general welfare. (2) The City Council further finds that quality evaluations are necessary Kofully accomplish the purpose of regulations designed tocontrol such matters, since such regulationscannot both allow reasonable latitude for diversity and originality of design and still be specific enough to control all the aspects of the different uses that can adversely affect the community. (3) The Community Development Department is hereby established to accomplish the above objectives and shall have the following responsibilities: (s) Toprovide for the review ofbuilding design, and site development inorder toprotect the increasing value, standards and importance of land and development in the City due to the urbanization of Orange County. (b) Toretain and strengthen the unity and order ofthe visual community, (c) To ensure that new uses and structures enhance their sites and are harmonious with the highest standards cf improvements |nthe surrounding area and total community. (4) In carrying out the functions mfdesign review, consultant services may be utilized eubudgeted bythe City Council. ((]rd. No. 587.Sec. 2) b Scope ofJurisdiction Prior to the issuance of any building permit, including new structures or major exterior alteration or enlargement of existing structures, building to be relocated, and signs to be constructed or modified, the Community Development Director shall approve the site p|an, elevations and landscaping for such development. (Ord. No. 587, Sem. 2) o Conditions ufApproval The Community bmittod plans if he finds that the location, size, architectural features and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present orfuture development thenn/n, the occupancy thereof, or the community as whole. In making such findings, the Director mhoU consider the following items: (1) Height, bulk and area of buildings. (2) Setbacks and site planning. Exterior ' (4) Type and pitch of roofs. (5) Size and spacing ofwindows, doors and other openings. (6) Towers, chimneys, roof structures, flagpoles, radio and television antennas. (7) Landscaping, parking area design and traffic circulation. Location, height�ndstandardsof��ehorillumination. (�) (10) Location and appearance of equipment located outside of an enclosed structure, (11) Location and method nfrefuse storage. (12) Physical relationship of proposed structures to existing structures in the neighborhood. (13) Appearance anddemi relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. (14) Proposed signing. (18) Development guidelines and criteria aoadopted bythe City Council. d Procedures and Time Limits (1) The Community Development Department shall review all applications for use permit, variance and other proceedings subject to public hearing before the Planning Commission, and shall render to the Planning Commission a report of its review, observations and recommendation prior to the date of such public hearing. (2) Pertinent information shall be furnished to the Community Development Department to enable review and evaluation of proposed developments. (3) The decision of the Community Development Director in matters of original jurisdiction and those no0*rmed to him by the Planning Commission or City Council shall be final, unless appealed in writing as herein provided. (4) Development shall commence within a period of eighteen months, otherwise, a new evaluation and review shall be required prior buany development, e Guiding Principles Implementation of the development preview process relative to external design shall be guided bythe following phndphae- Page 2 of 2 (1) Individual initiative shall be encouraged, Control shall be reduced to the minimum extent possible, while insuringthe goals stated in this Chapter are achieved to the fullest possible extent. (2) Good architectural character is based upon the suitability sound materials and upon the principles of harrnony and proportion in the elements of the structure. (3) Good architectural character is not, in itself, more costly than poor architectural character and is not dependent upon the particular style ofarchitecture selected. (4) When considering signs, particular attention shall begiven hnincorporating the design, incudi��co!mn oythe sign into theovunaUdeuignoy(hmunUnodevonpmmnt.0000hmanh|mvehomogenaoumdeve/opmen' ' (5) Building huberelocated must bopreviewed aatotheir compatibilitywith neighboring structures and with existing mr proposed structures mnthe same site. ((]nd.No. 587, Sec. f Appeals Any person may appeal any decision of the Director of Community Development in accordance with Section 9294 of this Code. Appointment ofDevelopment Preview Board of Appeals (1) Number ofmembers The Development Preview Board of Appeals shall consist of five (5) members appointed by the City Council. (2) Terms and compensation Board members shall beappointed for two (2)year terms. Compensation for attendance odBoard meetings shall beas set bythe City Council. (3) Qualifications Members, insofar emavailable, shall beselected from egleast three (3)ofthe following groups: (a) Licensed architects (b) Registered landscape architects (m) Registered civil engineer (d) Persons associated with the real estate or building industries having had demonstrated experience inthe visual arts. (e) Any other group, the selectee from which the City Councilatits discretion determines could significantly contribute to accomplishing the stated goals of the Development Preview Appeals Board. (4) Quorum Three members shall constitute mquorum for the conduct oybusiness. (5) Officers A chairman shall be selected by the membership upon call of a Board of Appeals meeting, (G) Records Minutes shall bekept ofBoard ofAppeals meetings, indicating recommendations nfstaff, proposals bythe app|icmnt and action taken bythe Board |m�eewiewofmue,�pmpoma|m.(Qrd.No. 587.Sec. 2) ' Attachment E ATS Communications Wireless Analysis ATS unications ME To: City of Tustin From: Tony Ingegneii, President, ATS Communications Date: November 30,2011 Re: Wireless Analysis DAS Systems These smaller cell sites are typically called pico, or micro sites, depending on the amount of coverage and channels available. When more than one of these sites is connected together, they are referred to as a Distributed Antenna System or DAS. In this situation, the adjacent equipment is joined together through a fiber optic run resulting in trenching in the streets to connect the antennas to a base station. The amount of pico or micro sites connected together in a DAS configuration varies depending on terrain, above ground obstacles and population density. Photographs of DAS configurated systems in Tustin as well as nearby communities have been attached for reference. Future Demand For Coverage The largest demand for cellular coverage is in residential areas. Factors include the fact that more and more people are getting rid of their land lines. There are no long distance charges for using cell phones so people use them more now between the hours of 7pm to I Opm as most plans offer unlimited minutes for this time flame. The other driving factor for demand is the applications available for smart phones. Data usage necessary to support these applications has been rising exponentially and some industry experts expect a doubling to tripling of sites in order to meet this demand. Public Safety While police and fire have their own networks, they rely on cell phones as a back-up network for their services. Working with the wireless carriers, public safety agencies have arrangements that in emergency situations, their calls receive priority over other calls. Though this is necessary, it does greatly reduce the number of available lines that will be accessible for the general public in the event of an emergency. =FORNIAOFFICE 22642 Lambert St., Suite 402, Lake Forest, CA 92630, Phone:. (949) 305-7848 Fax: (949) 768-6984 Website vmm atmmmcgm -.*- email: info acatscomm.com DAS Configurated Systems i 0 DAS Configurated System DAS Configurated Systems City of Tustin L